





EX LIBRIS 




Educational Research Library 

National Institute of Education 

Washington, D.C. 





ational institute of Education 

i-brary 

332 M Street, N. W. 

^shington, D. C. 20208 



/ itf* 



THE 

OHIO SCHOOL SYSTEM 



AND 



SCHOOL LAWS IN FORCE. 



A MANUAL 



OHIO SCHOOL SYSTEM; 



CONSISTING OF 



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0< 



1 

A 



AN HISTORICAL VIEW OP ITS PROGRESS, 



AND A B EPUBLIC ATION 01 






THE SCHOOL LAWS IN FORCE 



DEPARTMENT OF 
HEALTH, EDUCATION AND WELFARE 



By JAMES W. TAYLOR, 

TBOB OF Tl|E "BiBLV U 1 1 {ODtfJE?* 1 ° • ' ' 






CINCINNATI: 

H. W. DERBY & Co 

1857. 






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Entered according to Act of Congress, in the year 185G, by H. W. Deeby & Co., ' 
in the Clerk's Office of the District, Court of the United 

States, for the Southern District of Ohio. j/ 



£> 



/0- I 



INTRODUCTION. 



The Common School System of Ohio* has attained such pro- 
portions, and has assumed such features, as render it not only 
an object of vital importance to citizens of this State, but of in- 
terest scarcely inferior to the intelligent friends of education in 
other States. 

An investment of upward of three millions of dollars in perma- 
nent structures, and an annual expenditure of nearly three mill- 
ions of dollars — nine tenths of which sum last named is pro- 
duced by taxation — is a financial fact of great significance; while 
the application of so munificent a provision, under the adminis- 
tration of thirty thousand school officers and twenty thousand 
teachers, to the education of eight hundred thousand youth, is a 
fact transcending all material considerations by its relation to the 
moral and political welfare of the people. 

Ohio, on the subject of education, is, in a peculiar sense, a 
Middle State — holding a golden mean between the prejudices 
which incumber and obstruct the progress of the Atlantic States 
and the unavoidable privation or postponement of school advan- 
tages which the more Western States must sustain. Thus, while 



*For the following introductory and explanatory remarks the Publishers 
are indebted to the late active and efficient Commissioner of Common 
Schools, at whose suggestion the work was undertaken. 



IV INTRODUCTION. 

the attempt in New York to establish schools exclusively free, 
nearly produced a civil convulsion, Ohio, under the Constitution 
of 1851 and the Revised Act of 1853, quietly and without appa- 
rent opposition, abolished the collection of tuition fees, and ren- 
dered free every public school of the State — a reform from which 
no step backward need be apprehended. 

The following pages from the pen of the State Librarian, pur- 
port to trace from its feeble beginnings, the successive steps of 
this imposing crusade against ignorance, whose host of directors, 
teachers and pupils are now marshaled within the limits of Ohio. 
Our legislation has been voluminous — presenting a proof of the 
solicitude of the people to frame the best system of measures for 
the great object of popular instruction. In its progress, a great 
variety of methods have been tried ; and it is desirable that the 
present generation should be informed, not only of what the law 
is, but of the nature and results of former experiments. The 
latter are often brought forward, as proposed amendments, and 
consume the time and distract the attention of the General 
Assembly, when the fact of a previous trial and abandonment, if 
known, would be promptly decisive of their fate. The Historical 
Outline of School Legislation, now presented, will probably prove 
advantageous in the future discussion of the School Act — and, 
if so, it will be in the manner above indicated. 

An attempt has also been made to preserve the recollection of 
those services to the cause of education by the early men of the 
State, which, in the natural course of events, have become un- 
familiar to the younger portion of the community. It is high 
time that some effort was made to redeem our Ohio Biography, 
especially of the founders of our State institutions, from the ob- 
scurity of neglect. 

A republication, in a separate form, of all the general laws re- 
lating to education, follows the Historical Narrative. This em- 
braces every statute, which controls the organization of Special 



INTRODUCTION. V 

School Districts in cities, towns, etc. The people have been 
furnished with the General Act of 1853, but not with those 
enactments " for the better regulation of schools in cities and 
incorporated villages," which powerfully influence the School Sys- 
tem of the State — constituting, as they do, the models for the 
imitation and emulation of the townships. 

It is hoped that this history of the origin, progress and present 
condition of the School System of Ohio, may serve the two-fold 
purpose of preventing hasty and inconsiderate legislation, effecting 
radical changes in the system, and of indicating the educational 
spirit and tendency of the age. By exhibiting, in a condensed 
form, those enactments in relation to schools which have been 
fully and fairly tried and then repealed because they failed to 
accomplish what was designed, this compilation, it is believed, 
will tend to prevent the re-enactment of those provisions in 
former school laws, which, for the want of efficiency, have been 
thus rejected. 

It will also tend to satisfy the public mind that the idea of 
universal, free education, is fast becoming the grand central idea 
of the age ; that our System of Common Schools, to succeed in 
accomplishing its full and perfect mission, must be open and free 
to all the youth of the State, without distinction or discrimination ; 
and that wherever an individual exists with capacities and facul- 
ties to be developed, trained, improved and directed, the avenues 
to knowledge should be freely opened, and every facility afforded 
to an unrestricted entrance. 

Formerly, it was believed that the cost of education should be 
regarded as a personal expense, to be defrayed by rate bills as- 
sessed upon those whose children attended school. This principle 
virtually excluded the children of the poor. To obviate this 
defect, the education of the children of those whose pecuniary 
means did not enable them to incur the expense of it themselves, 
was made to depend either upon public charity, or upon the 



Vi INTRODUCTION. 

power of school officers to exempt the indigent from the payment 
of tuition fees. Such exemptions, rendered the Common Schools, 
to some extent, charity schools, or schools for the poor, a feature 
which will disparage every system of public instruction, into 
which it is incorporated, because it is repugnant to the feelings 
of American citizens. Experience has abundantly demonstrated 
the fact, that a System of Common Schools, with the charity prin- 
ciple engrafted upon it, will prove inefficient, and fail to accom- 
plish the object at which it aims, because it tends to create dis- 
tinctions hostile to the character and spirit of our institutions. 

Every where, the conviction seems to be settling down upon 
the public mind, that the free school principle should be engrafted 
upon our educational systems, and that the funds necessary for 
their purpose, should be provided by a combination of State and 
county, or township tax, to be equitably levied on real and per- 
sonal property, according to a fixed and uniform standard of val- 
uation; and distributed, in both cases, according to the enumera- 
tion of youth of school age. 

In short, the modern educational doctrine is : " That the property 
of the State ought to educate the youth of the State." This is 
regarded as a sound principle, having the value of a golden 
maxim. 

It is a principle which the people have, in effect, incorporated 
into the Constitution of the State. In Art. VI, Sec. 2, it is ex- 
pressly required, that "the General Assembly shall make such 
provisions by taxation or otherwise, as, with the interest arising 
from the the School Trust Fund, will secure a thorough and 
efficient system of Common Schools throughout the State." 

This language is too plain to be misunderstood. No feeble 
system, or half-way work, will comply with this wise and noble 
requisition. But how is such a system to be maintained ? The 
constitution replies, by "taxation," to be levied by "uniform rule." 
The Legislature has, therefore, enacted a school law establishing 



INTRODUCTION. Vli 

a general system of free schools, and imposing for their support, 
upon all the taxable property of the State, a State School Tax, on 
the broad principle, that the property of the State should be 
charged with the responsibility of educating the youth of the 
State. This system is based upon the principle, that there is no 
security for a Republic, but in the intelligence, wisdom, and 
virtue of the people ; that " the power of self-defense, and self- 
protection, the power to cultivate and strengthen the powers of 
its own being, to improve its own nature, belongs as much to 
every government as to every man," and that the State is even 
more deeply and permanently interested in the education of its 
children than their parents. 

But it is sometimes urged by those who do not seem inclined 
to take a very comprehensive view of this matter, that the prop- 
erty of the State ought to be no more bound to educate the 
youth of the State than to clothe and feed them. This assertion 
embraces a sentiment, which, if not traceable to selfishness or an 
unphilanthrophic disposition, is, at least, as unpatriotic as it is 
inconsistent with the best interests of the State, and the rising 
generation. It is mind that makes the man, and not dollars. 
And hence there is a wide difference between the mental and 
physical wants of our children. They have not the ability to 
judge of their mental needs, nor have they the power or the dis- 
position, if left to themselves, to provide for such needs. 

It is not denied that every parent is under obligation to pro- 
vide, according to his means, for the education of his children; 
but since all have not the means, and some have not the disposi- 
tion, the State should provide a system of free Common Schools, 
and declare that the expense of it shall be borne by the aggre 
gate of taxable property within its limits. 

In many instances, parents regard the mental culture of their 
children as a matter of but secondary importance, if they do not 
treat it with total neglect. What would soon be the mental and 



Vlll INTRODUCTION. 

moral condition of our population, were the State to discontinue 
her parental care and guardianship of our free Common Schools ? 
This question is sufficiently answered by referring to the be- 
nighted condition of the masses in those States and countries 
where no system of free schools has, as yet, been established. 

The truth is, the State, as such, has a vital interest in this 
matter of popular education ; and is bound in her sovereign 
capacity, to look to it. All her youth have a God-given right to 
an education — to such an education, moral, and mental, as con- 
stitutes a perfect manhood ; and, therefore, they have a claim, not 
only upon their parents, and the State, but upon the entire prop- 
erty of the State, to furnish them with all the requisite facilities 
for attaining to such a degree of intellectual culture as will ena- 
ble them rightly to comprehend their duties and relations to God, 
to the State, and to their fellow-men. 

It is not territory, or wealth, that constitutes a great and pow- 
erful State. It is well educated men ; a population, honest, indus- 
trious, intelligent. Is it not, then, as much the duty of the State 
to establish a general system of free schools, as it is to establish 
courts of justice ? As a matter of public policy, the one is as 
necessary as the other. Yet, it is not contended that free schools 
should be made a branch of the government ; but it is maintained 
that a republican form of government can not long be sustained 
without them. This important fact has been, within a few years, 
sufficiently illustrated in France. All true patriotism, and all true 
civil and religious liberty, must be based upon popular intelli- 
gence and virtue. 

Ignorance, superstition, and oppression, whose elements of power 
enable the few to "lord it over the many," are old associates, and 
the implacable enemies of free institutions. But in this country, 
as long as the governed are their own governors, and free Common 
Schools are maintained by State authority, and rendered accessible 
to the children of the poor as well as of the rich, there can be no 



INTRODUCTION. IX 

danger of a concentration of power in the hands of irresponsible 
persons, nor will corrupt influences creep into the Republic and 
control its destinies. Let our Common Schools be free, and the 
people will be free. 

What is the object of government, but the benefit of the gov- 
erned ? What is the true, legitimate motive for imposing taxes 
of any kind, but the security, the prosperity, and the happiness of 
the people? Why should a State School Tax, then, be regarded as 
burdensome ? 

Will not a thorough and efficient system of Free Schools, sub- 
serve these important ends ? Who pays this tax ? Those who 
reap the benefit of it. Who reap the benefit of it? Those whose 
lives are protected by the virtue and regard to law which a good 
education always inspires, — those whose property is rendered more 
valuable by the industry and skill which a good education always 
imparts, — those who sleep in peace, because education and the vir- 
tues of which it is the handmaid, have extinguished the torch of 
the incendiary, — those who enjoy quiet and security, because edu- 
cation has disarmed the robber and assassin. 

And who are those that are thus protected in the peaceable en- 
joyments of their possessions? All. The benefits of education 
are not confined, like the waters of our rivers, within certain nar- 
row channels ; but they are like those waters changed into vapors, 
which a Beneficient Power diffuses far and wide. The objection 
sometimes urged against a State School Tax seems to arise from the 
narrow view taken of Education, and of the relation which educated 
men sustain to the State. The important fact is too often over- 
looked, that disorder and misery in one part bring disorder and 
misery upon every part; that the prosperity of one communicates 
itself to all; that the strength, wealth, intelligence and happiness 
of each, are entwined with the vigor, and prosperity and security 
of all. In a Republic, all are elevated in the elevation of one, and 
all are depressed in the depression of one. 



X INTRODUCTION. 

•Surely no tax should be regarded as burdensome which yields 
a greater and more substantial return than the tax itself. And 
what branch of the public revenue is there whose disbursement 
yields so many, so certain, and such invaluable returns as this? 
Or in what department of the public service does the amount of 
labor for the same amount of money compare with that in our 
Common Schools ? "What has produced the remarkable develop- 
ment of power and activity exhibited within the last twenty years ? 
The answer is, that better and more efficient systems of Education 
have exerted an important agency in producing these grand results. 
The mind of the masses has been stimulated by the animating power 
of Education, and the benefits are hourly being unfolded before us. 
Good schools not only increase the value of property, but the value 
of human life. And although their agency in enhancing the value 
of property and in developing the physical resources of the coun- 
try may not be so visible as that of turnpikes, plank-roads, and 
canals, yet it is even greater and far more certain. 

Their influence is like that of the dew, and the shower, and the 
sunshine, quiet and almost imperceptible ; but let them cease to dif- 
fuse their benefits and their blessings, and devouring famine would 
not more surely come in the one case, than would a deadly blight 
upon our prosperity and happiness follow in the other. To aban- 
don, then, the idea of free schools, is to turn back half a century to 
that crude system of education which every step of modern pro- 
gress, and every result of modern improvement unite in condemn- 
ing as unsuited to the times in which we live. We might almost 
as well recall from the past its obsolete system of finance, its iron 
forms of government, its slow modes of commerce, and its bloody 

superstitions. 

H. H. BARNEY. 



CONTENTS. 



CHAPTER I. — A General View of European Systems op Public 
Instruction, 17 — Early Movements, 18 — Germany, 20 — Prussia, 
21 — France, 22 — Russia, 24 — Denmark, 24 — Norway, 25 — Sweden, 
26— England, 26— Scotland, 28. 

CHAPTER II. — Educational Systems of the Atlantic States 
and British Possessions, 32 — Massachusetts, 32 — Maine, 35 — 
Rhode Island, 36 — Connecticut, 36 — New York, 38 — Pennsylvania, 
43 — New Jersey, 45 — Maryland, 45 — Delaware, 46 — Virginia, 46 — 
North and South Carolina, 46 — Georgia, 47 — Nova Scotia, 49 — 
Upper Canada, 50 — Canada West, 52 — New York City, 54. 

CHAPTER III. — School Systems of the Western States, 62 — 
Congressional and Territorial Legislation, 62 — Michigan, 65 — Wis- 
consin, 66 — Indiana, 66 — Illinois, 67 — Missouri, 67 — Mississippi, 
68 — Alabama, 69 — Florida, 69 — Arkansas, 69 — Louisiana, 70 — 
Texas, 70— California, 71. 

CHAPTER IV. — Administration of Arthur St. Clair, 72 — Terri- 
torial Legislation, 73 — Legislature of Ohio, in 1803, 79. 

CHAPTER V. — Organization of the State of Ohio, Educational 
Compacts, 81 — Virginia Military Reservation, 82 — United States 
Military Reservation, 84 — Western Reserve, 85 — Moravian, 87. 

CHAPTER VL — Administration of Edward Tiffin, 88 — Section 
Sixteen Fund, 89 — Legislative Enactments, 94, 97, 99 — Cincin- 
nati University, 100 — Ohio University, 101. 

CHAPTER VII. — Administration of Samuel Huntington, 102 — 
Virginia Military District Fund, 103 — Executive Recommenda- 
tion, 105. 

CHAPTER VIII. — Administration of Return J. Meigs, 106 — In- 
augural Address, 106 — Legislation, 107. 

CHAPTER IX. — Administration of Thomas Worthington, 111 — 
Summary of Legislation, 111— State Library, 115— Normal Schools, 
117 — Worthington College, 120. 



Xll CONTENTS. 

CHAPTER X. — Administration of Ethan A. Brown, 121 — School 
Fund, 121 — Common School Act, 122 — Governor's Message, 125 — 
School Commissioners Appointed, 131. 

CHAPTER XL — Administration of Jeremiah* Morrow, 132 — 
Executive Recommendation, 132 — Memorial to Congress, 134 — 
Report of N. Guilford, 141— Act of 1825, 142— Further Execu- 
tive Suggestions, 147. 

CHAPTER XII. — Administration of Allen Trimble, 148 — Inau- 
gural Address, 148 — Summary of Legislation, 151, 156, 157. 

CHAPTER XIII. — Executive Recommendations, 159 — Governor Mc- 
Arthur, 159 — Governor Lucas, 159, 161, 162 — Governor Vance, 
166 — Governor Shannon, 168, 170, 173 — Governor Corwin, 174, 
179— Governor Bartley, 178, 182, 183— Governor Bebb, 184— 
Governor Ford, 185, 186. 

CHAPTER XIV. — Abstract of School Legislation from 1831 to 
1851, 187 — Superintendence, 187 — Taxation, 190 — State Common 
School Fund, 191— School Houses, 192— Local School Officers, 
194 — School Examiners, 196 — Township Taxation, 196 — County 
Superintendents, 197 — Special School Districts, 198 — Town of 
Akron, 199 — German and English Schools, 201 — Schools for 
Colored Children, 202 — United States Surplus Revenue, 203 — 
Teachers' Institutes, 205 — School Revenues, Fines, Swamp Lands, 
etc., 207. 

CHAPTER XV. — Constitutional Convention of 1850-51, 211— 
Report of Standing Committee on Education, 212 — Mr. Curry's 
Minority Report, 213 — Article of New Constitution, 215. 

CHAPTER XVI. — Origin, Progress and Provisions of the Act 
of March, 1853, 215— Review of Legislative Action, 216-220— 
State School Tax, 220— Township Boards of Education, 222 — 
Freedom of the School System, 226 — School District Libraries, 
227 — Supervision of the System, 227 — Apportionment of School 
Fund, 230 — Miscellaneous Provisions, 231. 

CHAPTER XVII. — Recent Events of Educational Interest, 232 — 
Proposed Amendments to Act of 1853, 233— Transfers of Terri- 
tory, and sales of Section Sixteen, 236 — Recommendations of 
Governor "Wood, 237 — Recommendations of Governor Medill, 239, 
241— Recommendations of Governor Chase, 243— Superintendence 
of H. H. Barney, 243. 



SCHOOL LAWS IN FORCE, 



CHAPTEE I. — General School Act, 251 — Election of Local Direc- 
tors, 252 — Duties of same, 253 — Township Boards of Education, 
255— Teachers' Reports, 258— Directors' Statements, 259— Central 
Schools, 259 — Annual Estimates, 260 — Disbursement of School 
Funds, 261 — Duties and Liabilities of Clerk, 262 — Settlement with 
Treasurer, 262 — Duties of Treasurer, 263 — Schools for Colored Chil- 
dren, 264 — Cities and Villages, 265 — Apportionment of School 
Fund, 267 — Returns to State School Commissioner, 268 — School 
Houses Exempt from Execution, 269 — School Examiners, and their 
duties, 269 — State Commissioners, 271 — School Libraries, 273 — 
State School Funds, 274— Acts Repealed, 276. 

CHAPTER II. — The Akron School Laws, 280 — Directors and Board 
of Education, 280 — Number and Grade of Schools, 281 — Town 
Council to Levy Taxes, 282 — Reports, 283 — Examiners, 283 — 
Public Examinations, 284 — Provisions extended to Dayton, 284. 

CHAPTER III. — Act to Amend the Akron School Law, 285 — 
Amount of Taxes, 285 — Power of Board and duties of Auditor, 285. 

CHAPTER IV. — Act Extending the Provisions of the Akron 
School Law, 286 — All Incorporated Towns may Organize under 
it, 286— Qualified Voters, 287. 

CHAPTER V. — Additional Amendments to Akron School Laws, 
287 — Boards of Education may adopt certain Enactments, 287. 

CHAPTER VI. — General Act for Public Schools in Cities, Towns, 
etc., 288 — "What Towns may be Single Districts, 288 — Directors 
to be Chosen, 289 — Powers and Duties of Directors, 289 — School 
Houses, how built, 290 — Primary Schools, 290 — High Schools, 
291 — General Powers of Board, 291 — How long Schools to be kept, 
291— School Tax, 292— School Examiners, 292— Their Duties, 293. 

CHAPTER VII. — Act to Amend the Act for Incorporation of 
Cities, Towns, etc., 294 — Council may Borrow Money, and 
how, 294. 

CHAPTER VIII. — Act to Amend the General Act for Public 
Schools in Cities, Towns, etc., 295 — Extension of Act, 295 — 
School Districts, 295— Title, 295— Children under six, 296. 

CHAPTER IX. — Amendments of the School Act of 1853, 296— Tax 
for School Purposes, 296. 



XIV CONTENTS. 

CHAPTER X. — Act for Completion of certain Contracts of 
School Directors, 297. 

CHAPTER XI.— Act Relating to Common Schools, 298 — Transfers 
of Territory made valid, 298. 

CHAPTER XII. — Act Providing for Recording, Printing and 
Distributing the Laws and Public Documents, 299 — Official 
Reports, 299— School Year, 299— Reports of State Officers, 300. 

CHAPTER XIII. — Act to Encourage Teachers' Institutes, 300 — 
Surplus Revenue, 301 — Expenditures of Moneys, 301 — Who to 
attend Associations, 301 — Examiners to report, 301. 

CHAPTER XIV. — Act to Amend and Extend the Act to Encour- 
age Teachers' Institutes, 302 — Provisions made General, 302 — 
School Libraries, 302. 

CHAPTER XV. — Act to Amend the Act to Encourage Teachers' 
Institutes, 303 — County Commissioners may appropriate $100, and 
Levy a Tax, 303 — Teachers to raise half the amount required, 303. 

CHAPTER XVI. — Act to Regulate the Sale of School Lands, 
304 — Vote of citizens of Townships, 304 — Court of Common Pleas 
to appoint persons to value and divide the Lands, 305 — Appraisers, 
305 — Auditor to Advertise Sale, 306 — Permanent Leases, 306 — Pay- 
ments to County Treasurer, 307 — Re-sale in case of non-payment, 
308— Certificate, 309— Deed, 309— Excess of Money and Fees, 309— 
Acts Repealed, 310. 

CHAPTER XVII. — Act to Confirm Sales made by Trustees of 
Section Sixteen and other lands, to purchasers, 311. 

CHAPTER XVIII. — Act to Establish a Fund for the Support of 
Common Schools, 312 — Auditor of State Superintendent of Fund, 
312 — Irreducible, 312 — Rate of Interest, 312 — Pledge for payment, 
313 — Orders, Receipts and Distribution, 311 — Donations, 314 — Gen- 
eral Fund, 314. 

CHAPTER XIX. — Act to Increase the General Fund for Support 
of Common Schools, 315 — Proceeds of Swamp Lands to be added, 
315. 

CHAPTER XX. — Maintainance and better Regulation of Common 
Schools in Cincinnati, 316 — Trustees and Visitors, 316 — Board to 
fix amount of School Taxes, 317 — Powers of Trustees and Visitors, 
318— Interest on Bonds, 318— Control of School Fund, 318— Trustees 
to superintend Schools, employ Teachers, take an Enumeration of 
Children, make Report, establish Grades, etc., 319 — German Schools, 
320— Schools Free to White Children, 320— Evening Schools, 320— 
Board of Examiners, 320— Sale of Public Property, 321— Fines, etc., 
321— Directors of Colored Schools, 322— Fund for same, 323— Acts 
Repealed, 323. 



THE 



OHIO SCHOOL SYSTEM 



CHAPTER I. 



A GENERAL VIEW OF EUROPEAN SYSTEMS OF PUBLIC 
INSTRUCTION. 

No system of public instruction was recognized by the 
ancients. Common schools are of comparatively recent date, 
and their benefits are mostly confined to Europeans and their 
descendants. Prior to Grecian civilization, education was the 
privilege of those who were designed for official or ecclesias- 
tical stations. Moses was educated in a priestly school in 
Egypt ; Cyrus at a seminary connected with the Persian 
court; the Indian Brahmins imparted instruction in secret 
schools ; in Palestine, those conversant with the Scriptures 
taught in the schools of the prophets ; at later periods in the 
synagogues, and in the schools of the rabbis. The advan- 
tages of these schools were accessible to few ; the means of 
learning were limited to conversation, reading, committing to 
memory, and hearing explanations of the sacred books. 

Sparta may be regarded as an exception to the invariable 
practice among the ancients, to leave the education of children 
exclusively to parents or special classes ; but the system of 
Lycurgus was more intended for the development of the phys- 
ical powers than the intellect. Still, the Greeks were not 
without conceptions of the great value to a commonwealth of 

2 ( 17 ) 



18 EURO PEAK SYSTEMS OF 

education. The philosophers were surrounded by ardent dis- 
ciples ; and the popular discussions of the people afforded a 
superior culture. Nevertheless, even at the most enlightened 
period of Greece, the mass of freemen were enveloped in pro- 
found ignorance. 

The Komans, also, from 300 B. C, had schools for boys in 
the cities, and from the age of Caesar, who conferred the rights 
of citizenship on teachers, possessed the higher institutions of 
the grammarians. In these, Latin and Greek were taught 
scientifically, and young men of talent went from the gram- 
marians to the rhetoricians, who, like Quintilian, prepared 
them, by exercises in declamation, for speaking in public. 
But a regular school system had no existence among the 
Romans. Schools were institutions confined to particular 
classes, or were the fruit of private enterprise. Many of 
these, under the patronage of the emperors, were well 
adapted to train young men for the public service. 

Christianity, by degrees, succeeded to the entire control of 
education. During the middle ages, the monastic orders sus- 
tained schools, whose chief merit consisted in the preservation, 
to our times, of what survived of ancient literature ; but while 
these conventual schools rivaled the episcopal and cathedral 
schools of an earlier epoch, yet they were always directed 
more to the advantage of the priesthood than to purposes of 
general instruction. That such was the fact is apparent from 
the traditional designation of the " Dark Ages," which has 
not been misapplied to that period. 

Charlemagne had in view a system of national instruction, 
when he issued, in 789, his decree for the improvement of the 
schools of his empire. Not only every bishop's see, and 
every convent, but every parish was to have its schools ; the 
two former, for the instruction of clergymen and public offi- 
cers, the latter for the commonalty. At his court, Charle- 
magne established an academy of distinguished scholars, to 
whom he himself resorted for instruction, and whom he em- 
ployed to educate his children, and capable boys belonging to 
the nobility and other classes, in the court school. The ladies 



PUBLIC INSTRUCTION. 19 

of his court also partook in the benefits of instruction ; and 
some nunneries, in their institutions for female education, 
rivaled the seminaries in the monasteries. The ladies learned 
Latin, which was then the common medium of communication 
between persons of different countries, as French is at present. 
Charlemagne took upon himself the superintendence of the 
schools in his empire, had reports sent to him, made examin- 
ations, and delivered addresses to the pupils of the school at 
his court. These schools often enabled him to discover the 
talents of young men, whom he appointed to high offices in 
the Church and State. It is one of the noblest traits in his 
character, that, in that age of gross ignorance, he labored with 
zeal for the instruction of the nations under his sway. 
But Charlemagne's decrees were forgotten during the disputes 
of his grandsons about the government, under whom, also, 
the above-mentioned court school was abandoned ; and his 
great establishment declined, like the school establishment of 
the great Alfred, in England, which was begun with equal 
zeal and on an equal scale, in the ninth century, and was 
destroyed by the invasions of the Danes ; though Edward the 
Confessor, endeavored to restore it. 

Meanwhile the influence of Arabian civilization became 
apparent in southern Europe, by the cultivation of mathe- 
matical and medical science. Institutions, for the purpose of 
qualifying men for the different professions, sprung up — first, 
for medicine, and afterward in the learning and practice of 
the canon law. It was not long, however, before these fell 
under clerical influence. 

About the beginning of the sixteenth century — full eight 
hundred years after the enlightened but fruitless measures of 
Charlemagne and Alfred — some improvement is observable. 
A pious fraternity of the Jeronymites was organized, consist- 
ing of clergymen and laymen, who lived together, occupied 
partly with mechanical arts, partly with the instruction of 
girls and boys, to whom they taught reading, writing, and 
the useful arts. For boys of talent and diligence, there were 
Latin classes. On the model of these schools, others were 



20 EUROPEAN SYSTEMS OF 

established in the Netherlands, on the Rhine, and in northern 
Germany. These soon came into communication with the 
Greeks who had fled to Italy ; and thus the study of the 
classics became more cultivated. Through the efforts of men 
like Thomas-a-Kempis, Hegius, Erasmus, Agricola, Rench- 
lin, and Melancthon, a liberal study of the remains of classic 
antiquity was commenced. From such a beginning we may 
date that vast intellectual progress, and that effective system 
of popular instruction, which constitute the crowning glory 
of modern Germany. 

The Reformation gave a forward impulse to education, in 
Catholic as well as Protestant States. The Jesuit schools be- 
came prominent about the close of the sixteenth century, and 
for a long period rivaled those of Germany. But a variety 
of circumstances contributed to produce degeneracy in these 
Catholic schools, as well as in those of the Protestants. The 
former became again confined to a fixed routine ; the latter 
passed from the strictness of the conventual schools to licen- 
tiousness, through the influence of the privileged universities. 
To this was added, in Germany, the Thirty Years' War, in 
which fanaticism on both sides destroyed what had been 
judiciously established. 

It is within one hundred years, however, that the agency 
of government in the education of the people has become a 
powerful element of modern society; although, in some in- 
stances, the germ of a system of public instruction was 
deposited long previously. 

Germany — comprising under that designation the heart of 
Europe, from the Alps to the Baltic 1 — Germany holds the 



(a) The German States, although under different governments, are noted 
for a common nationality. This community of sentiment is doubtless pro- 
duced by a common origin and language — a fact finely illustrated by a 
XJopular song of M. Arndt, in which occurs the following passage : 

" What country does a German claim ? 
His Fatherland ; know'st thou its name 1 
Is it Bavaria — Saxony 1 
An inland state, or on the sea ? 



PUBLIC INSTRUCTION. 21 

foremost rank in educational progress. Prussia, Saxony, 
Wirtemberg, Hanover, Bavaria, Baden, Switzerland, even 
Austria — each has established an effective system of public 
instruction, although, in some of these States, many provisions 
and features exist which are inapplicable to our republican 
institutious. A volume would be insufficient for such details ; 
but the example of Prussia may be briefly cited as an illus- 
tration of the general plan. 

Prussia^ has, indeed, taken the lead of Europe (although, 
since 1833, the republic of Switzerland holds an equal rank) 
in the establishment of a complete system of national educa- 
tion. "With rare exceptions, every individual in the kingdom 
can both read and write. This happy result has been obtained, 
first, by establishing an adequate number of schools in all 
parts of the monarchy, and then enforcing attendance by a 
law, which provides that every child, from the age of five 
years, unless certified to be receiving a suitable education at 
home, or in a private seminary, must be in attendance at 
a national school, until such time as the course of instruction 
therein provided has been completed. This course occupies 
about eight years, so that it may be regarded as a general 
rule, that all Prussian children between the ages of six and 
fourteen are at school. The different classes of schools are, 
1. The elementary school, at which the great majority of the 
people receive their education ; 2. The city school, which is 
always attached to a gymnasium ; 3. The gymnasium, in 



There, on the Baltic's plains of sand? 
Or 'mid the Alps of Switzerland? 
Austria, the Adriatic shores ? 
Or where the Prussian eagle soars? 
Or where hills covered by the vine 
Adorn the landscape of the Rhine ? 
O no, no ! not these, alone, 
The land, with pride, we call our own- 
Not these. A German heart or mind 
Is to no narrow realm confined: 
Where'er he hears his native tongue 
When hymns of praise to God are sung, 
There is his Fatherland, and he 
Has but one country— Germany !" 



SJ2 EUROPEAN SYSTEMS OF 

which Latin and Greek are taught. In most of the small 
towns are normal schools for the training of teachers. Prus- 
sia also possesses the celebrated universities of Berlin, Halle, 
and Bonn, besides those of Breslau, Greifwald, and Konigs- 
berg, and numerous literary and learned societies. The uni- 
versities are all under the control of the Government. 

The following table shows the number of schools of various 
kinds, and of teachers and pupils in 1849: 

Number. Teachers. Pfcpils. 

Elementary schools, 24,201 30,865 2,453,062. 

Middle and higher schools, . . . 505 2,269 69,302. 

Upper female schools, 385 1,118 53,570. 

Gymnasia, 117 1,664 29,474. 



2,605,408. 

Normal seminaries, 46 2,411. 

Universities, 7 4,306. 

In 1849 the number of children between six and fourteen 
years of age, was 3,223,362, of whom, as seen in the above 
table, 2,605,408 were at school, leaving a balance of 617,954 
to be accounted for, partly by private teaching, partly by the 
fact that many do not enter school until they are above six 
years old, and many leave before they are fourteen; and 
many, doubtless, received no education during the year in 
question. 

France, prior to the revolution of 1789, had been as re- 
gardless of the intellectual welfare of the mass of her people 
as of their political rights. The convulsion of 1789, was 
an inevitable result of that neglect — so obviously, indeed, that 
by various orders of the Convention, a system of public 
schools was projected, in which primary education was to be 
free to all at the expense of the State. Out of these ordi- 
nances sprung the first normal school in France, and the 
Polytechnic School, in 1794. 

But the promise of good primary schools was not realized, 
and the normal school was abolished in the following year. 
In 1802 the promise was renewed in a new ordinance ; but it 
was silent and inoperative in the midst of universal war. 



PUBLIC INSTRUCTION. 23 

In 1808 Napoleon organized the Imperial University, em- 
bracing under that designation the governmental control of 
all the educational institutions of France; primary, secondary, 
and superior. In one of his decrees, primary instruction 
(intended for the masses of society) was limited to reading, 
writing, and arithmetic; and the legal authorities were en- 
joined " to watch that the teachers did not carry their 
instructions beyond these limits." Under the organization 
established by Napoleon, and with views of primary education 
but little expanded beyond the imperial ordinance referred 
to, and with even these limited views unrealized, the Govern- 
ment continued to administer the system of public education 
until the revolution of 1830. Then some amelioration occurred 
under the administration of Louis Phillippe. Steps were 
taken to increase the number and efficiency of the schools 
already established, by additional appropriations for their 
support, and a Department of Public Instruction was re-or- 
ganized. M. Victor Cousin, whose metaphysical writings 
are so well known to both continents, was directed to 
examine and report on the " condition of public instruction 
in Germany, and particularly in Prussia ;" and did so, de- 
monstrating the immense superiority of all the German 
States, even the most .insignificant duchy, over any and every 
department of France in all that concerned institutions of 
primary and secondary education. On the experience of 
Prussia as a basis, a great and comprehensive measure of ele- 
mentary education was framed, in 1832, by M. Guizot, and 
the following year it became a law. Besides the University 
of France, composed of twenty-six academies dispersed over 
the departments, with ample faculties of Theology, Law, Medi- 
cine, Science, and Letters, or Literature, the law ordains at 
least one elementary school in each of the 39,381 communes 
into which France is divided ; and these communes, where 
the population exceeds 6,000, are required to support one 
superior primary school, and are aided in opening infant 
primary schools, evening schools, classes for adults, and high 
schools. Attendance, by a law of 1841, is made obligatory; 



24 EUROPEAN SYSTEMS OF 

efficient supervision and inspection are provided, and normal 
schools to supply the annual demand for teachers of primary 
schools, are required to be established. In 1846 there were 
ninety-two normal schools, seventy-six of which were for the 
education of school masters, and sixteen for the education of 
school mistresses ; and to fifty-two of them enough land is 
attached to teach Agriculture and Horticulture. 

Though Eussia still ranks among the more imperfectly 
educated countries of Europe, the Government has long 
taken a distinguished lead in the cause of education, and 
promulgated a complete national system, which, though not 
yet carried into full effect, has made great progress. The 
basis of this system was laid by Peter the Great, and pro- 
moted by Catherine II ; but it is indebted for its fuller devel- 
opments to Alexander and Nicholas. Since 1848, however, 
the Russian youth have been considerably restricted in their 
range of studies, by the measures taken by the Government to 
prevent its subjects coming in contact with the opinions that 
have extended over the other countries of Europe. In many 
institutions Theology has taken the place of Philosophy ; and 
the official report of 1851 assumes as its basis the Emperor's 
own idea, that " religious teaching constitutes the only solid 
foundation of useful instruction." The system recognizes 
military schools of three classes ; army, naval, and the chil- 
dren of the soldiery; ecclesiastical, mining, and commercial ; 
and a large variety of establishments under the Minister 
of the Interior, including those devoted to charity and 
benevolence. The total number of pupils instructed in the 
above classes of schools is about 600,000, besides whom it is 
estimated that about as many more receive a home education, 
making an aggregate of 1,200,000 under instruction. To 
give unity and vigor to the school system, a special Ministry 
of Public Instruction has been appointed, and now forms 
one of the great departments of the State. 

Few countries, in proportion to their size, have done so 
much for education as Denmark. At the head of the educa- 
tional institutions stands the University of Copenhagen, and 



PUBLIC INSTRUCTION. 25 

the Holberg Academy, at Soroe. In the sixty-four provincial 
towns, are twenty schools, in which the learned languages 
are taught, and one hundred and thirty town, free, and 
upper general schools, besides a number of private establish- 
ments ; in the country there are 2,504 common schools, or 
volks-schulen, and five normal schools. Denmark has the 
greatest number of pupils in school, in proportion to the 
total population, of any country in the world. 

Norway, although politically connected with Sweden, has 
an interesting school system of her own. Gratuitous in- 
struction, of an elementary kind, is placed within the reach 
of all capable of receiving it; and all children of seven 
years complete, in town, and eight years in the country, are 
required to be in attendance at school until confirmation, 
which usually takes place between the ages of fourteen and 
seventeen. The law forbids the marriage of any one who 
can not procure a certificate of confirmation, and this is 
only given to those who can read. Every individual of the 
age of twenty, not confirmed, is liable to be sent to a 
house of correction to receive the necessary instruction. The 
schools designated by the name of almue sJcoler, or people's 
schools, are located in all towns and parishes. In towns, 
the instruction is not only elementary ; in certain cases it 
is superior. In the country, the instruction is only element- 
ary ; but in the schools themselves, an important distinction 
is made, some being what is called fast skoler, or stationary 
schools, and others omgangs skoler, or ambulatory schools. 
The latter, as the name implies, shift about at certain periods 
of the year from place to place, in the more thinly-peopled 
and isolated districts, and thus have the effect of bringing 
education to those who, but for this wise and benevolent 
arrangement, would be doomed to live without it. The towns 
possess, in addition to these people's schools, what are called 
middle schools, middle and royal schools, burgher schools, and 
Latin or learned schools ; in all of which superior instruction 
is given. There are, also, four cathedral schools ; one each 
in the towns of Christiana, Bergen, Frondhjem and Chris- 



Sib EUROPEAN SYSTEMS OF 

tiausand. There is a military school at Christiana, and a 
school of marine at Fredericksham. Six normal schools are 
supported by the State. At the head of all the educational 
establishments is the University of Christiana, at which, 
complete courses of lectures are delivered, to qualify for the 
different learned professions and the higher grades of official 
employments. 

The people of Sweden, in point of intelligence and educa- 
tion, are scarcely surpassed by any country in Europe. This 
is partly owing to the enlightened spirit of the Government, 
in endeavoring to provide schools in every important local- 
ity ; but it derives great additional aid from the parents, who, 
in many parts of the country, where regular schools, owing to 
the scantiness of the population, can not be maintained, are 
careful to give a substantial education to their children at 
their own firesides. The system comprises Universities at 
Upsala and Lund, two secondary and grammar schools, 
(classical and practical schools), and three primary schools, or 
schools for the people, the whole under the inspection of the 
bishop and chapter of the cathedral. In 1800 there were 
143,526 pupils in the stationary, and 126,178 in the ambula- 
tory primary schools, 6,223 in the secondary schools, 17,464 
in private institutions, 128,996 educated at home, and 25,718 
in Sunday schools. All children between the ages of nino 
and fifteen must attend school or receive instruction at home. 
A normal school was established in 1842. 

England, in regard to this momentous interest, compares 
unfavorably with the lesser powers of northern Europe. 
For the aristocratic and wealthy classes, and the clergy of 
the Established Church, England possesses, in the Universi- 
ties of Oxford and Cambridge, two of the most celebrated 
institutions in the world. For what her public men style the 
middle classes, a much more scanty provision has been made. 
The deficiency, however, has, in some measure, been sup- 
plied by the erection, within comparatively recent times, of a 
great number of colleges and endowed schools, in which in- 
struction in the various branches, both of general and profes- 



PUBLIC INSTRUCTION. 27 

sional education is furnished at a moderate expense. But 
the education which, in a national point of view, is the most 
important of all — that suited to the great mass of the popula- 
tion — was for a long time greatly neglected. The public 
mind, however, has finally, in a measure, been awakened to 
the necessities of the case ; accurate statistics of the educa- 
tional state of the most important districts of the kingdom 
have been obtained, proving both the lamentable extent to 
which ignorance prevails, and its decided tendency to foster 
pauperism, immorality, and crime ; and all classes of the 
community are now making commendable exertions to ex- 
tend the blessings of education. The great work of popular 
instruction is materially clogged by the pertinacity of the 
Established Church, in seeking the control of the national 
schools ; although an organization exists, known as the Brit- 
ish and Foreign School Society, the constitution of which is 
so framed as to receive the support of all denominations. In 
no respect is the union of Church and State more disastrous, 
than by its influence upon the efforts to organize an educa- 
tional system in England. The support which popular edu- 
cation receives from the Government, through the board or- 
ganized for that purpose, consists only of an original grant 
of £30,000, now raised to £125,000 per annum ; while from 
the reports of the French Minister of Public Instruction, for 
1843, it appeared that for ten years prior to that year, France 
expended the sum of £2,565,883 (about $11,000,000) in the 
erection of school-houses and residences of teachers ; and in 
1813 the expenditure for the current expenses of her educa- 
tional establishments was a little short of $4,000,000, inde- 
pendent of the sum paid by the communes, individuals, and 
parents, in school fees, which amounted to near $5,000,000. 
In England, the proportion of the population under instruc- 
tion — both public and private — is one to eleven, while in 
some of the Swiss cantons it is as one to five. To this fact — 
the scanty provision made for the education of the masses — 
is to be traced one of the most prolific sources of crime ; and 
it has been ascertained that out of 335,429 persons committed 



28 EUROPEAN SYSTEMS OF 

for offenses, in England and Wales, between 1836 and 1848, 
not fewer than 301,772', or more than 90 per cent., were unin- 
structed. 

Passing Ireland — another monument of the evil effect of a 
Church establishment upon public instruction — Scotland af- 
fords a very satisfactory illustration of the benefits afforded 
by general education. Her parochial schools are justly dis- 
tinguished. The foundation of the system was laid in 1194, 
when it was enacted, by the Scotch Parliament, that all 
barons and substantial freeholders throughout the realm 
should send their children to school from the age of six to 
nine years, and then to other seminaries to be instructed in 
the laws ; that the country might be possessed of persons 
properly qualified to discharge the duties of sheriffs, and to 
fill other civil offices. Those who neglected to comply with 
the provisions of this statute were subjected to a penalty of 
£20. In 1560, John Knox and his compeers held the follow- 
ing memorable language, in the "First Book of Discipline," 
presented to the nobility : , 

"Seeing that God has determined that his kirk here on 
earth shall be taught, not by angels, but by men ; and seeing 
that men are born ignorant of God and of godliness ; and 
seeing, also, that he ceaseth to illuminate men miraculously, 
of necessity it is, that your honors be most careful for the 
virtuous education and godly bringing up of the youth of 
this realm. For as they must succeed to us, so we ought to 
be careful that they have knowledge and education to profit 
and comfort that which ought to be most dear to us, to wit, 
the kirk and spouse of our Lord Jesus Christ. Of necessity, 
therefore, we judge it, that every several kirk have one 
schoolmaster appointed ; such an one, at least, as is able to 
teach Grammar and the Latin tongue, if the town be of any 
reputation. And further, we think it expedient that in every 
notable town, there should be erected a college., in which the 
arts at least of Rhetoric and Logic, together with the tongues, 
be read by sufficient masters, for whom honest stipends must 
be appointed ; as also that provision be made for those that 
are poor, and not able by themselves or their friends to be 
sustained at letters. 

"The rich and potent may not be permitted to suffer their 
children to spend their youth in a vain idleness, as heretofore 



PUBLIC INSTEUCTION. 29 

they have done ; but they must be exhorted, and by the cen- 
sure of the kirk, compelled to dedicate their sons by good 
exercises to the profit of the kirk and commonwealth ; and 
this they must do because they are able. The children of the 
poor must be supported and sustained on the charge of the 
kirk, trial being taken whether the spirit of docility be in 
them found or not. If they be found apt to learning and 
letters, then may they not be permitted to reject learnings but 
must be charged to continue their study, so that the common- 
wealth may have some comfort by them ; and for this pur- 
pose, must discreet, grave, and learned men be appointed to 
visit schools, for the trial of their exercise, profit, and contin- 
uance ; to wit, the ministers and elders, with the best learned 
men in every town. A certain time must be appointed to 
reading and learning the Catechism, and a certain time to 
Grammar and the Latin tongue, and a certain time to the arts 
of Philosophy and the other tongues, and a certain time to 
that study in which they intend chiefly to travel for the profit 
of the commonwealth ; which time being expired, the chil- 
dren shall either proceed to further knowledge, or else they 
must be set to some handicraft, or to some other profitable 
exercise." 

In 1615 the bishops were empowered to establish a school 
in every parish ; and in 1696 the defects of this law were 
supplied by another, which provides for the means of sup- 
port. The landlords of each parish were required to build a 
school-house and a dwelling-house for the master, and to pay 
him a given salary, at first from £5 to £11, and subse- 
quently, as the value of money diminished, from £16 to £22 
per annum. In addition to this, the teacher receives fees from 
the pupils, from 2s. 6d. to 7s. 6d. per quarter. It has been 
usually expected that a Scotch parish schoolmaster, besides 
being a person of unexceptionable character, should be able 
to instruct his pupils in the reading of English, in the arts of 
Writing and Arithmetic, the more common and useful 
branches of practical Mathematics, and that he should be 
possessed of such classical attainments as might qualify him 
for teaching Latin and the rudiments of Greek. 

It would be no easy matter to exaggerate the beneficial 
effects of the elementary instruction obtained at parish 
schools, on the habits and industry of the people of Scotland. 



30 EUROPEAN SYSTEMS OP 

It has given to that part of the British Empire an importance 
to which it has no claim, either from fertility of soil or 
amount of population. The universal diffusion of schools, 
and the consequent education of the people, have opened, to 
all classes, paths to wealth, honor, and distinction. Person8 
of the humblest origin have raised themselves to the highest 
eminence in every walk of ambition, and a spirit of fore- 
thought and energy has been widely disseminated. 

At the period when the act of 1696 for establishing parish 
schools was passed, Scotland, which had suffered greatly from 
misgovernment and religious persecutions, under the reign of 
Charles II, and his brother James II, was in the most un- 
prosperous condition. " There are," wrote Fletcher of Sal- 
toun, a celebrated Scotch patriot, in 1698, " at this day in 
Scotland two hundred thousand people oegging from door to 
door. Many murders have been discovered amongst them, 
and they are a most unspeakable oppression to poor tenants. 
There are such outrageous disorders, that it would be better 
for the nation that they were sold for the gallies or the West 
Indies, than they should continue any longer to be a burden 
and a curse upon us." 

No country ever rose so rapidly from so frightful an abyss. 
In the autumn circuits or assizes, for the year 1757, no one 
was found guilty, in any part of the country, of a capital 
crime. And now there are very few beggars in the country, 
nor has any assessment been imposed for the support of the 
poor, except in some of the large towns, and in the counties 
adjoining England ; and even that is so light as scarcely 
to be felt. In a large part of the country, nearly the whole 
population is able to read and write ; but in some parts, 
chiefly in the Highlands, the parishes are so extensive that 
there are many who have no means' of education within 
reach. Latterly, also, the population has advanced so rap- 
idly, that the parochial system, though it continues tolerably 
effective in rural parishes, became almost powerless in large 
towns, and Scotland began to descend rapidly from her fore- 
most place among educated nations. Fortunately, however, 



PUBLIC INSTRUCTION. 31 

a happy rivalry has been excited among the different relig- 
ious bodies, urging them to strenuous exertion in erecting 
schools by means of voluntary subscriptions, supplemented by 
Parliamentary grants. If sectarian influences could cease 
altogether, instead of being strengthened by rivalry, nothing 
would be wanting to restore the proud position of Scotland in 
the cause of education. Her example, as she stands, is of 
great value. 

The remote and bleak island of Iceland illustrates what 
has been observed among the Norwegians and Swedes, 
namely : the prevalence of family instruction, when schools 
are difficult of access. Although Iceland has its college, with 
eight professors and eighty pupils, and sustains a few public 
schools, yet domestic education is universal, and the people 
are intelligent. Their intellectual capacity is of a superior 
order. Peasants often are masters of the Greek and Latin 
languages ; many of the most valuable works of European 
literature have been translated into the native tongue ; and 
even the poems of Milton are read and appreciated at many 
of the cottage firesides.* 

The foregoing review of the career and condition of edu- 
cation in Europe, exhibits one interesting fact, that wherever 
the family is most firmly rooted in the affections of the 
people — the predominant institution of society — there is 
precisely where the school is most prosperous and influen- 
tial. There is entire harmony, therefore — not the antagon- 
ism sometimes asserted to exist — between the rights of the 
parent and the duties of the teacher. Their earnest and cor- 
dial co-operation is the crowning excellence of the most suc- 
cessful systems of public instruction in Europe, especially 
those of Germany and northern Europe. 

* In this rapid outline of the educational condition of the European 
States, Spain, Portugal and Italy have been omitted, so meagre and in- 
adequate is their provision for that purpose. Sardinia and Tuscany are not 
entirely inactive, while Turkey, by an edict of 1847, has established a sys- 
tem quite on the plan of northern Europe. It includes elementary 
schools, attendance at which is compulsory on all Mohammedan children 



32 EDUCATIONAL SYSTEMS OF THE 



CHAPTER II. 

EDUCATIONAL SYSTEMS OF THE ATLANTIC STATES 
AND BRITISH POSSESSIONS. 

The high distinction belongs to New England, and promi- 
nently to Massachusetts, of first proclaiming and establishing 
the principle, that it is the right and duty of government to 
provide, by means of fair and just taxation, for the instruc- 
tion of all the youth of the community. 

This common school system is one of the most ancient in- 
stitutions of Massachusetts. Indeed, it is only since the pe- 
riod of Independence, that any other schools have been 
known to her laws ; the earliest incorporation of an establish- 
ment for instruction, below the rank of the university, being 
that of Phillips Academy, at Andover, in 1780. The first 
free school of the colony was that of Boston, where in 1635, 
five years from the settlement of that peninsula, the inhab- 
itants voted in town meeting, "on the thirteenth of the sec- 
ond month," "that our brother, Philemon Permont, shall be 
entreated to become schoolmaster for the teaching and nur- 
turing of youth among us." That he served only a short 

who have attained their sixth year ; middle schools, in which among other 
branches, Geography, History, Geometry, and Composition are taught, and 
colleges, arranged under the different heads of Military, Naval, Medical, 
Veterinary, Agricultural, etc. Most of the medressehs and colleges have 
libraries attached to them, containing a respectable list of works in various 
branches of literature. The authorities relied upon for the foregoing sum- 
mary are, American Annals of Education, I, 244 ; North American Re- 
view, XL VII, 274 ; Barnard on Normal Schools ; Encyclopedia Ameri- 
cana ; Blackie's Imperial Gazetteer. 



ATLANTIC STATES AND BRITISH POSSESSIONS. 33 

time, if at all, is probable, because at the end of the same 
volume of Record, with the date of August, 1636, is a curi- 
ous memorandum of subscription "toward the maintenance 
of a free school master, Mr. Daniel Mande being now also 
chosen thereto." So that within five years from the first 
peopling of the peninsula of Boston, where the modest 
wants of its inhabitants were yet very imperfectly satisfied, a 
school was established among them, apparently under the 
auspices of John Winthrop, the first Governor of the colony, 
for the purpose of promoting universal instruction. And 
this is the foundation of the free schools, and the popular 
education of New England. 

In 1647, free schools became a matter of legislation in the 
colony of Massachusetts Bay, and by a law then passed M to 
the end," as the preamble sets forth, " that learning may not 
be buried in the graves of our forefathers," it was ordered 
that every township with fifty families should provide a 
school where children might be taught to read and write ; 
and that every township of one hundred families should pro- 
vide a Grammar school, where youth could be fitted for the 
university ; to which another law was added, in 1683, provid- 
ing that every township with more than five hundred fam- 
ilies, should maintain two Grammar schools and two Writing 
schools; a burden which, considering the feeble means of 
the colony, and the dark period when it was assumed, was, 
no doubt, vastly greater than any similar burden that has 
been borne since. It is a singular fact, too, that no legal re- 
quisitions made since have, even in name and form, come up 
to this noble standard, established by the founders of Massa- 
chusetts, in the middle of the seventeenth century. The 
Charter of William and Mary, having rendered a new law ex- 
pedient, an act was passed by the province in 1692, contain- 
ing provisions similar to that of 1617, but omitting the requi- 
sition made, in 1683, on towns of five hundred families, to 
maintain two Grammar schools and two Writing schools. A 
still greater falling off followed the settlement of the Consti- 
tution of 1780, though that Constitution solemnly recognized 

3 



/ 



34 EDUCATIONAL SYSTEMS OF THE 

the duty of cherishing tin- Grammar schools ; for by the act of 
1789, towns of five hundred families were required to sup- 
port a "Reading and Writing school six months in the year, in- 
stead of twelve, as before, and towns of two hundred families 
were required to have a Grammar school, instead of towns of 
one hundred, as before ; and by the act of February 18, 1824, 
any town might refuse to have a Grammar school whose in- 
habitants fell short of five thousand. 

Massachusetts, in 1827, revised her school legislation, and 
required that every town or district, containing fifty families, 
shall be provided with a school or schools, equivalent, in time, 
to six months for one school in a year; if containing one 
hundred families, twelve months ; one hundred and fifty fam- 
ilies, eighteen months ; and the towns are required to raise 
the sums of money necessary for the support of the schools 
in the same manner as other town taxes. In 1834 was es- 
tablished the Massachusetts school fund, in which were in- 
vested, by the act, the proceeds of the Massachusetts claim 
upon the General Government for services during the war of 
1812, to the amount of $280,000, and one half the net pro- 
ceeds of the sale of Maine lands, until the sum amounted to 
$1,000,000. Subsequently, in the discharge of his duties as 
Secretary of the State Board of Education, Horace Mann 
gave a remarkable impulse to the cause of education. Ac- 
cording to the census of 1850, Massachusetts had 3,679 public 
schools, with 176,475 pupils, and $1,006,795 income; of 
which $37,341 was from public funds. $16,906 from endow- 
ments, and $935,141 from taxation ; and 381 academies, and 
other schools, with 12,774 pupils, and $310,177 income, of 
which $19,470 was from endowments. In 1854, according 
to the American Almanac, the towns raised by taxation, for 
the support of schools, $1,013,472.26 ; the aggregate ex- 
pended—including State fund — $1,140,132.79; number of 
children from five to fifteen years, 206,625. The amount of 
State school fund on December 31, 1854, had reached $1,602,- 
597.42. The value of the public school-houses in 1848 
was $2,750,000, of which $2,200,000 had been expended 



ATLANTIC STATES AND BRITISH POSSESSIONS. 35 

since 1838. There are four normal schools supported 
by the State, at an annual cost of about $11,000 ; one at 
"Westfield, one at Farmirighani, one at Bridgewater, and one 
at Salem, for girls ; averaging annually, in all, about 260 pu- 
pils. Teachers' institutes are frequently held; and State 
Agents have been employed, under the direction of the Board 
of Education, in visiting the different parts of the State to 
awaken the people to the cause of education, and instruct 
them in relation thereto. 

The Board of Education consists of the Governor and 
Lieutenant Governor, and eight members, one being ap- 
pointed each year, by the Governor and Council, for eight 
years. There is a Secretary of the Board, who has an assist- 
ant, and is the executive officer of the Board. Provision is 
made, by law, for the education and training of young men to 
be principal teachers in the high schools in the common- 
wealth, by establishing forty-eight State scholarships in the 
colleges of the State, and paying $100 annually to each. 

The annual reports of the Massachusetts Board of Educa- 
tion indicate very clearly that the greatest obstacle to the 
efficiency of the school system, consists in the organization 
of independent districts, and the fact that the schools ordin- 
arily maintained by them are no longer capable of giving the 
education required by the character of the times. 

Maine has derived the leading features of her school policy 
from Massachusetts. By act of April 17, 1851, provision is 
made for the appointment of a Superintendent of Common 
Schools. His duty is to "devote his time to the improve- 
ment of common schools and the promotion of the general 
interests of education in the State." He is to hold annually, 
in each county, a teacher's convention, for one week at least, 
of which he has the charge, and he is to employ suitable in- 
structors and teachers to assist him therein. To defray the 
expenses of these conventions, $2,000 are to be appropriated 
annually. The permanent school fund is $125,281,01. The 
amount apportioned for the year 1851, was $55,860,53. 
Towns are obliged, by law, to raise annually an amount of 



36 EDUCATIONAL SYSTEMS OF THE 

school money equal to 40 cents for each inhabitant. The 
number of scholars, in 1853, was 238,736. 

The direction of the schools of New Hampshire is intrusted 
to County School Commissioners, who form a State Board of 
Education. The whole amount raised for district schools, 
during 1855, was $231,431,92. 

According to the American Almanac, Vermont had, in 
1851, 90,110 pupils attending her public schools, at a cost of 
$217,402, of which $90,893 was from the public funds. The 
office of Public School Superintendent having been abolished, 
and the school fund applied to pay the State debt, no returns 
have been received since that year. 

In Rhode Island, great attention has been paid to educa- 
tion. The school fund, invested in bank stock, amounted, in 
1854, to $61,386. About $50,000 is annually paid from the 
State treasury for public instruction. In 1854, the towns 
raised $61,013. A State Normal School was established by 
the Legislature in May, 1854, on the recommendation of E. 
E. Potter, Commissioner of Public Schools, and $3,000 a 
year appropriated therefor. Teachers' institutes are annually 
held in different localities, supported by the State. 

The school system of Connecticut has attracted great at- 
tention, from its ample endowment. The foundation of this 
fund was laid in 1795, by a legislative dedication of the pro- 
ceeds from the sale of the Ohio Western Reserve, amounting 
to $1,200,000. This endowment has been increased, reach- 
ing a capital, in 1855, of $2,049,953,05 ; revenue for the year, 
$144,137,73, or $1,25 to each scholar. It has been often 
observed, that the effect of such bounty, dispensing with the 
necessity for local taxation and effort, was rather deleterious 
than otherwise. The state of education in Connecticut is not 
superior to what it was before the creation of the fund. The 
means of instruction had previously been so excellent, that it 
was very rarely that a person could be found who was unable 
to read and write ; but more recently such instances are less 
infrequent. General apathy reigned, until, in 1839, Henry 
Barnard infused new life into the system. His report, as 



ATLANTIC STATES AND BRITISH POSSESSIONS. 37 

second Secretary of the Board of Education, constituted, of 
itself, an epoch. It is characterized by Chancellor Kent, in 
the notes to the last edition of his Commentaries, as a bold 
and startling document, founded on the most pains-taking and 
critical inquiry, and containing a minute and instructive ex- 
hibition of the practical condition and operation of the com- 
mon school system of education. He proposed that one-half 
of the dividends of the school fund should be proportioned to 
the amount of money raised by the school societies, (as the 
township organization for school purposes is styled,) or to the 
number of children, and the actual attendance for any given 
period. He further proposed that the expenses of the schools 
should be made to fall, not exclusively upon those who send 
their children, but upon the property of the school society or 
town ; he stated that the great instrumentality in the prosper- 
ity of the common school system, was good teachers, and they 
could be procured only by education for the very employment, 
and by higher wages ; he urged that a seminary for teachers, 
especially for females, with a model school annexed, ought to 
be endowed by the State and private contributions, and he 
pressed, in an animated manner, the necessity of the estab- 
lishment of normal schools for the education of teachers, male 
and female, qualified to conduct the schools. 

The Legislature of the State has responded to the zeal of its 
school officer. A Superintendency of Public Instruction has 
been established ; high schools authorized and encouraged. 
The Legislature appropriated $10,000, in 1849, for the forma- 
tion of a State normal school, which, in 1850, was attended 
by 154 pupils. These are educated gratis ; but the number, 
at one time, must not exceed 220. There are schools con- 
nected with this for exercising the pupils in the practice of 
teaching, which had 400 pupils in 1851. An active zeal is 
manifested for improvement in the modes of instruction ; and 
to promote this end, societies of teachers are formed, and 
State and county conventions held. By the revised statutes 
of 1849, it is made obligatory upon parents, etc., to cause 



38 EDUCATIONAL SYSTEMS OF THE 

their children to be instructed "in Reading, "Writing, English 
Grammar, Geography, and the elements of Arithmetic," and 
to be brought up to some honest calling ; and in case of their 
neglect, the selectmen of the town, with the advice of a 
justice of the peace, may take the children from their pa- 
rents or guardians, and bind them to some proper master. 
"Stubborn children, refusing to obey their parents or mas- 
ters, may be committed by justices of the peace, on complaint 
and due inquiry, to the house of correction for a time not 
exceeding thirty days." Another section provides that no 
child, under fifteen years, shall be employed to labor in 
any business, unless he shall have attended a competent 
school during three months of the preceding year. Massa- 
chusetts and New Hampshire adopt this last provision, the 
latter State making a special application of it to manufactur- 
ing establishments. 

The State of New York has so powerfully influenced the 
school organizations of other States, that a detailed sketch, 
mostly compiled from an article by S. S. Randall, Superin- 
tendent of Schools for the City of New York, and published 
in the American Journal of Education for April, 185G, is 
here presented. 

At the opening of the session of the Legislature in 1795 — 
more than sixty years since — Geoege Clinton, the first Gov- 
ernor of New York, in his annual message, urgently and 
earnestly recommended " the establishment of common 
schools throughout the State." 

On the 11th of January of that year, the Assembly ap- 
pointed a committee upon that portion of the Governor's 
message, who reported a bill " for the encouragement of 
schools," which became a law on the 9th of April, 1795. By 
this act, the sum of $20,000 or $50,000 was annually appro- 
priated, for five years, " for the purpose of encouraging and 
maintaining schools in the several cities and towns in this 
State, in which the children of the inhabitants residing in the 
State shall be instructed in the English language, or be taught 



ATLANTIC STATES AND BRITISH POSSESSIONS. 39 

English Grammar, Arithmetic, Mathematics, and such other 
branches of knowledge as are most useful and necessary to 
complete a good English education." The amount thus ap- 
propriated was apportioned among the several towns, accord- 
ing: to the number of taxable inhabitants in each ; and the 
Boards of Supervisors of the respective counties were re- 
quired to raise, by a tax upon each town, a sum equal to one- 
half of that apportioned by the State, to be applied in like 
manner. Under this act, common schools were organized 
in the several counties of the State, (then numbering only 
twenty-three,) and from the returns made in 1798, it appeared 
that the whole number of districts in which schools were 
taught, and from which reports were received in accordance 
with law, was 1352, in which 59,660 children had been 
taught during the preceding year. 

On the expiration of the five years with which the appro- 
priation terminated, several ineffectual attempts were made, 
by the friends of education in the Legislature, to continue the 
system ; but, notwithstanding the repeated and eloquent ap- 
peals of Governors George Clinton, Jay, and Lewis, and the 
earnest efforts of other eminent statesmen and philanthro- 
pists, the organization was abandoned in 1800, and no effi- 
cient steps were taken for its renewal until after the lapse of 
more than ten years. In 1811 a commission was appointed 
by Governor Tompkins, in pursuance of an act of the Legis- 
lature, " to report a system for the organization and establish- 
ment of common schools." On the 14th of February, 1812, \/ 
a bill was reported, comprising substantially the main 
features of the New York common school system, as it ex- 
isted up to the year 1849. Fifty thousand dollars were ap- 
portioned by the State, from a fund specifically set apart for 
the purpose, among the several counties and towns, in pro- 
portion to the population in each, and an equal amount was 
required to be raised by the Board of Supervisors of the 
respective counties, and applied to the same object. The 
aggregate amount thus received was distributed annually 



40 EDUCATIONAL SYSTEMS OF THE 

among the several school districts, according to the number 
of children of suitable age to attend school residing in each, 
to be expended exclusively in the payment of the wages of 
duly qualified teachers. Three Commissioners and three In- 
spectors of Common Schools were annually to be elected in 
each town, and three Trustees, a Clerk, and Collector, in each 
district. A State Superintendent was required to be ap- 
pointed by the Legislative Council, upon which should de- 
volve the general supervision, direction, and control of the 
system. This office was conferred upon Gideon Hawley, 
Esq., who continued to hold it until 1821, when he was dis- 
placed, from political considerations, and a successor ap- 
pointed, whose incompetence was so glaringly obvious that 
the Legislature promptly abolished the office, and devolved 
its duties on the Secretary of State, to which office they con- 
tinued to appertain until a very recent period. 

The number of districts organized under the new system, 
prior to the 1st of January, 1816, was about 5,000, in which 
about 200,000 children were instructed. Under the adminis- 
tration of De Witt Clinton, the public interest was promptly 
directed, by that eminent statesman, to the condition and ad- 
vancement of the common schools ; and the impulse thus 
given to the cause of elementary education was energetically 
followed up by his successors. The enlightened and vigorous 
supervision of the several Secretaries — Yates, Flagg, Dix, 
Spencer, Young, Benton, Morgan, and H. S. Randall — gave 
animation and life to the entire organization, and has 
enabled it, in the face of many formidable obstacles, to attain 
to its present pre-eminence. The library system was en- 
grafted upon it in 1838, through the efforts and exertions of 
Secretary Dix, the Rev. Dr. Alonzo Potter, now Bishop of 
Pennsylvania, and the venerable James "Wads worth, of 
Genessee. 

In 1841, the plan of county supervision was adopted, in 
accordance with the recommendation of Secretary Spencer, 
and County Superintendents were appointed for each county 



ATLANTIC STATES AND BRITISH POSSESSIONS. 41 

of the State. In the midst, however, of the rich harvest of 
beneficial results which this system was effecting, the law was, 
in 1847, repealed. In 1843, on the recommendation of Col. 
Young, the offices of Town Commissioner and Inspector of 
Common Schools were abolished, and that of Town Superin- 
tendent substituted in its stead. In 1844, the State Normal 
School, for the education and preparation of teachers, was 
established. In 1849, the " act for the establishment of free 
schools throughout the State " was passed, by the provisions 
of which the inhabitants of each district were authorized and 
required to provide annually, by a distinct tax, for all the ex- 
penses of supporting and maintaining their schools, beyond the 
amount contributed by the State, an equal amount levied by 
the Board of Supervisors on the county, and an additional 
equal sum levied upon the taxable property of each town. 
This act, which passed the Legislature by a nearly unani- 
mous vote, was submitted to the people, for their approval, at 
the ensuing general election, and sustained by a majority of 
upwards of 150,000 votes. In consequence, however, of the 
neglect on the part of the local Boards of Supervisors to pro- 
vide the requisite funds to be raised for the support of the 
schools, the burden of taxation fell, with an insupportable 
weight, upon the districts ; and before any opportunity had 
been afforded for testing its value, public sentiment in the 
rural districts declared decidedly for the repeal of the ob- 
noxious law. The question was again submitted to the elect- 
ors of the State, by the Legislature, and at' the general 
election in the fall of 1850, heavy majorities were given for 
repeal in forty-two of the forty-nine counties. These majori- 
ties were, however, overcome by the unprecedenteclly heavy 
vote against the repeal, cast in the several cities and large 
towns of the State, and especially in the city of New York. 
The Legislature of 1851, not feeling at liberty under the vote 
thus taken, to repeal the act entirely, passed a new bill, 
transferring the burden of taxation, for the support of schools, 
from the districts, towns, and counties, to the State at large — ■ 



42 EDUCATIONAL SYSTEMS OF THE 

requiring the sum of $800,000 to be annually levied and col- 
lected on the taxable property of the State, and applied, 
together with the annual revenue from the common school and 
United States deposit funds, to the payment of teachers' wages, 
the replenishment of the district libraries and the purchase 
of necessary school apparatus. In case the share of this com- 
bined fund, apportioned to the respective districts, and appli- 
cable to the payment of teachers' wages, failed to meet the 
charge upon it, such deficiency was required to be met by a 
rate-bill against those sending to school, as heretofore had 
been usual. This act of 1851 is still in force. 

The unproductive capital of the common school fund of 
New York consists of about 400,000 acres of land, owned by 
the State, chiefly in the northern section of the State, the 
value of which may be estimated, in round numbers, at 
$2,000,000. 

The productive capital of the fund is at this time about. .$2,400,000. 

The capital of that portion of the United States deposit 
fund, the interest of which is annually appropriated 
to the support of common schools, is 2,750,000. 

To which may be added a sum that will annually produce 
an income of $25,000, reserved by the Constitution 
from the income of the last-named fund, to be added 
to the capital of the school fund 41,666 67. 

Making an aggregate of $5,566,666 67. 

The annual interest on this sum, at 6 per cent, is $344,000; 
of which $300,000 is annually appropriated and paid over 
for the support of schools — including $55,000 for the pur- 
chase of books for district libraries and for school apparatus 
generally. 

According to this amount, the $800,000 required to be 
raised upon all the real and personal property of the State, 
we have the sum of $1,100,000 as the aggregate sum now 
annually apportioned, by the State Superintendent, among 
the several school districts, of which $1,045,000 is applicable 
exclusively to the payment of teachers' wages, and the 



ATLANTIC STATES AND BKITISH POSSESSIONS. 43 

remaining $55,000 to the purchase of books and school 
apparatus. One-third of this aggregate amount is required, 
by law, to be divided equally among the several districts, and 
the remaining two-thirds to be distributed among the several 
towns and counties, on the basis of population. 

In addition to this, the inhabitants of each town, in annual 
town meeting assembled, are authorized, if they deem it expe- 
dient, to raise, by tax, an additional amount equal to their 
share of the State fund, to be appropriated to the same pur- 
poses ; and many of the towns are in possession of local funds 
applicable to this object, derived from the sale of lands, orig- 
inally set apart by the State, in each township, for this 
purpose. These local funds amount, in the aggregate, to about 
$20,000. As a still farther resource against deficiency of 
funds, a rate-bill may be imposed. 

The officers of the system, as already intimated, consist of 
three Trustees in each district, elected for three years, and 
a District Clerk, Collector, and Librarian, who are annually 
chosen ; a Town Superintendent, the County Clerk, who 
transmits the reports of the Town Superintendents to the seat 
of Government, and a State Superintendent of Public Instruc- 
tion. Their respective duties can be readily anticipated. 

Provision is also made for a State normal school at the 
capital ; teachers' institutes in the counties, for periods vary- 
ing from two to four weeks in the spring and fall ; and union, 
or graded schools, by a consolidation of contiguous districts. 

The grand result is 12,000 % schools, taught for an average 
period of eight months during each year, by teachers of both 
sexes, in which 900,000 children are annually gathered, 
under the general and special supervision of sixty thousand 
officers of various grades, with an annual expenditure of two 
and a half millions of dollars. 

The exemplary founder of Pennsylvania took care to 
incorporate with the frame of government, prepared for that 
province in 1682, the important truth "that men of wisdom 
and virtue were requisite to preserve a good constitution, and 



44 EDUCATIONAL SYSTEMS OF THE 

that these qualities did not descend with worldly inheritance, 
but were to be carefully propagated by a virtuous education 
of youth." A law was passed a very few years after the 
colonists, under William Penn, first landed upon the soil, 
declaring that "instruction in good and commendable learn: 
ing is to be preferred before wealth." And the law enjoined 
it as a duty upon the several county courts, to see that all the 
children in the province were instructed in Reading and 
Writing, so that they might be able, at least to read the Scrip- 
tures ; and it imposed a penalty of £5 upon every parent, 
guardian, or overseer, of sufficient estate and ability/for every 
child not thus educated ; but this compulsory provision ceased 
to be enforced. The present Constitution of Pennsylvania 
enjoins it upon the Legislature, as a duty, to provide by 
law for the establishment of schools throughout the State. 
Under this injunction, a general free school system wa8 
s7 adopted in Pennsylvania as late as _1834, which has since 
been remodeled and improved; but still much room is 
left for amendment before it can fully meet the requirements 
of the age. To the latter, Philadelphia has long and fully 
adapted her educational arrangements. 

By the act of May 8, 1854, the school laws of Pennsyl- 
vania were carefully revised. The Secretary of State is 
continued to be, ex officio, the Superintendent of Common 
Schools, with the authority to appoint a deputy. The office of 
County Superintendent is established ; and it is made the 
duty of that officer, who is elected by the School Directors 
of the several districts in the county, for three years, to attend 
specially to the schools in the county, and to examine and 
give certificates to teachers. The school districts are put 
under the immediate care of the School Directors, who report 
to the County Superintendent. Teachers are required to 
report monthly to the Directors, and can have no pay until 
such report is made. The districts, for school purposes, are 
made bodies corporate, with power to sue and be sued ; to 
borrow money, to an amount not exceeding one-half of one 



ATLANTIC STATES AND BRITISH POSSESSIONS. 45 

per cent, of the assessed value of the real estate of the dis- 
trict, to purchase ground, or build school-houses. The Direct- 
ors are required to establish, in their districts, separate 
schools for mulatto and negro children, when they can be so 
located as to accommodate twenty pupils ; and when so estab- . 
lished, and kept open four months in any year, the Directors 
shall not be compelled to admit such pupils into other schools 
of the district. No district can receive its share of the State 
appropriation for any year, until the schools have been 
kept four months in such year. The Directors and teachers in 
each district meet annually before the schools are opened, 
and determine the school-books to be used during the coming 
year; and no others but those thus selected, can be used. 
The County Superintendents are to report to the State Super- 
intendent in June of each year. In 1853, the amount of local 
taxation, for school purposes, was $1,021,337.34; while the 
State appropriation has averaged $200,000 since 1844. 

The school system of New Jersey is under the direction 
of a Superintendent and a Committee, in each township ; but 
the organization is not unlike that of New York. The 
amount raised in 1854 by tax, to support schools, was $210,- 
023.44 ; received from the State, $85,250. 

Maryland has a school fund, arising out of advances 
made on account of the war of 1812, and repaid by Con- 
gress, together with the avails of a tax on the capital of 
every bank created by the Legislature. This fund, in 1854 
amounted to about $160,000. Its income is distributed to 
the several counties ; and by the County Commissioners is 
paid over, in some cases, to primary schools, and in others to 
one or more academies. There is no uniform system of pub- 
lic schools, each county being left at liberty to adopt its own 
system ; in consequence of which there is the most gross ine- 
quality of school privileges, and an entire absence of reli- 
able returns as to the condition of such schools as are es- 
tablished. The public schools of Baltimore are in a good 
condition. 



46 EDUCATIONAL SYSTEMS OF THE 

Delaware has a permanent school fund of $435,505, 
which yielded, in 1854, the sum of $33,829 which was in- 
creased by a tax, levied on the several districts, of $24,000. 
The system provides a free school within reach of every fam- 
ily. The education of 10,236 children — in a white popula- 
tion of 71,169 — is amply provided for. 

Virginia has grievously disappointed the hopes of Jeffer- 
son, whose scheme of popular education was at least one 
hundred years in advance of his generation.* Little has 
been done except to encourage the University of Virginia — 
a head without body or members. There is no general free 
school system ; but an appropriation is made for the instruc- 
tion of the poor, amounting, in 1854, to $75,000. Of the 
free adult population 88,520 were ascertained, by the census 
of 1850, to be unable to read and write. 

North Carolina, in 1850, had 2,657 public schools, with 
104,095 pupils, and $158,564 income, of which $42,936 was 
from taxation, and $97,378 from public funds. The attend- 
ance reached 120,000 in 1855. 

South Carolina, in 1849, sustained 1,023 free schools, 
with 1,019 teachers, and 9,122 scholars. The Legislature ap- 
propriates $75,000 annually to free schools. Governor Man- 
ning, in his message of November 28, 1853, says that 
"under the present mode of applying it, that liberality is 
really the profusion of the prodigal, rather than the judicious 
generosity which confers real benefit. 1 ' He recommended 
"the establishment of a Board of Education, and the ap- 
pointment of a Commissioner of Public Instruction, whose 
duty it shall be to gather facts with regard to the State, and 
thoroughly inform himself upon the systems of such other 
Governments as educate their people the best, and report the 
result of his labors to the Board, who together shall digest a 



* See Appendix to the report, for 1854, of H. H. Barney, Ohio School 
Commissioner, for a summary of Jefferson's plan of graded republican 
schools. 



ATLANTIC STATES AND BRITISH POSSESSIONS. 47 

plan to be submitted to the Legislature for ratification or re- 
jection." Academies are established, called the Arsenal and 
Citadel Academies, in which the youth are practically educa- 
ted in Military Tactics, and in Engineering and Surveying. 
The State provides annually for the education, at the South 
Carolina College, of one youth from the Charleston Orphan 
House, to be selected as a reward of merit by the Commis- 
sioners. 

Georgia appropriated, in 1783, 1,000 acres of land to each 
county, and in 1792, £1,000 were appropriated for the en- 
dowment of an academy in each county, which was increased, 
in 1817, by the further grant of $250,000. The former is 
designated as the free school fund, and the latter the aca- 
demic fund. The University of Georgia was originally en- 
dowed in 1784, by a grant of 40,000 acres of land, not all of 
which became available. The University has realized about 
$130,000 out of the grant. The avails of the free school 
fund ($23,000) are paid out to teachers, in each county, in fa- 
vor of certain scholars who are reported, by the magistrate, as 
proper recipients of it, on account of poverty. The number 
thus aided, in 1854, was 20,000. 

The educational statistics of the new States, as distin- 
guished from the original thirteen, are reserved for separate 
consideration, inasmuch as all the former — except Kentucky 
and Tennessee — are included in the surveys of the General 
Government, and have been the recipients of Congressional 
donations for the purpose of education. 

As in Europe, the system of public instruction seems to 
flourish in northern latitudes. The southern States, with their 
sparse population and slave tenure of labor, are disposed to 
encourage colleges and academies for the dominant class, but 
regard the free school system as a charity to the indigent, and 
not an obligation to the people. The contrast between the 
different sections of the Union is very apparent from the fol- 
lowing tabular statement of the census of 1850 ; and which, 
so far as the States westward of the Alleghanies are con- 
cerned, anticipates the contents of the subsequent chapters : 



48 



EDUCATIONAL SYSTEMS OF THE 



STATISTICS OF THE WHITE POPULATION OF THE UNITED STATES ACCORDINO 
TO THE CENSUS OF 1850. 



States, etc. 



Total Pop. 



Under '.'0 
years. 



Over 20 years. 



Whole No. 



Unable 
to read 
& write 



Per 

cent. 

of. 



Rank 
of 

State 



Number 

attending 

School. 



Alabama 

Arkansas 

California 

Connecticut 

Delaware 

Florida 

Georgia 

Illinois 

Indiana 

Iowa 

Kentucky 

Louisiana 

Maine 

Maryland 

Massachusetts.. . . 

Michigan 

Mississippi 

Missouri 

New Hampshire. . 

New Jersey 

New York 

North Carolina.. . 

Ohio 

Pennsylvania 

Rhode Island 

South Carolina. . . 

Tennessee 

Texas 

Vermont 

Virginia 

Wisconsin 

District Columbia 

Minnesota 

New Mexico 

Oregon 

Utah 

Totals 

Native 

Foreign 



426,514 

162.189 

91,635 

363,099 

71,169 

47,203 

521.572 

846,034 

977,151 

191,881 

761,413 

255,491 

581,813 

417,943 

985,450 

395,071 

295,718 

594,004 

317,456 

465,509 

3,048,325 

553,028 

1,955.050 

2,258,160 

143,875 

274,563 

756,836 

154,034 

313,402 

894,800 

304,756 

37,941 

6,038 

61, SOS 

13,087 

11,330 



19,553,06K 
17,312,487 
2,240,581 



248,097 

97,402 

11,378 

153,862 

36,873 

25,898 

303,798 

4Tfi,>-- , 3 

565,179 

110,609 

429,043 

121,458 

288,396 

208,084 

416,917 

210,831 

172,469 

334,936 

137,224 

230,849 

1.436,113 

301,106 

1,064,212 

1,162,874 

62,270 

149,322 

440,627 

85,869 

145,989 

481,372 

156,175 

18,400 

2.656 

31,572 

6,499 

6,223 



8,692,184 



178,41 

64.78 

80,25 

209.237 

34,296 

21,305 

217,771 

369,213 

411,975 

81,273 

332,370 

134,033 

293,41" 

209.859 

568,533 

184,240 

123,222 

257,068 

180,232 

234,660 

1,612,212 

251,922 

890,838 

1,095,286 

81,005 

125,241 

316,209 

68,165 

167,413 

413,428 

148,581 

19,541 

3,382 

29,953 

6,588 

5,107 



10,860,884 
9,516,538 
1,344,346 



33,757 

16,819 

5,118 

4,739 

4,536 

3,859 

41,200 

40,054 

70,540 

8,120 

06.687 

21 221 

~6,'l47 

20,815 

27,513 

7,912 

13,405 

36,281 

2,957 

14,248 

91,293 

73,566 

61,030 

66.928 

3.340 

15,684 

77,522 

10,525 

6,189 

77,005 

6,361 

1,457 

649 

25,085 

157 

153 



962,869 
767,784 
195,114 



7.91 
1037 
5.58 
1.30 
6.37 
8.17 
8.99 
4.85 
7.22 
4^23 
8.74 
8.30 
1.05 
4 98 
2.79 
2.00 
453 
6.12 
.93 
3.06 
2.99 

13.30 
3.12 
2.50 
2.32 
5.71 

10.21 
6.18 
1.97 
8.60 
2.08 
3.84 

10.74 

40.77 
1.38 



4.55 

8.71 



62,778 

23,350 

9! 12 

82,433 

14,216 

4,746 

77,015 

181,969 

220,034 

35.456 

130.917 

32,838 

185,941 

C0.447 

220,781 

105,754 

48,803 

95,245 

88,148 

89,775 

687,874 

100,591 

512.278 

498,111 

28.359 

40,293 

146,130 

19,369 

92,152 

109,711 

56,354 

6,103 

207 

466 

r,875 

2,035 



4,063,046 



In speaking of the facts exhibited above, the Superintend- 
ent of the census remarks : "In New England so admira- 
ble is the school system, and so deserving of all imitation, 
that only one person in every four hundred of the native 
whites over twenty years, is incapable of reading and writ- 
ing. In the south and south-west, the number is one in about 
twelve ; in the territories, one in about six ; in the slavehold- 
ing States, one in twelve; in the non-slaveholding, one in 
forty ; and in the whole Union, one in about twenty-two." 

"The proportion of pupils to the whole population, has 
increased largely (since the census of 1840) in the several 
sections. The proportion for the Union has increased from 



ATLANTIC STATES AND BRITISH POSSESSIONS. 49 

13,189 to 20.14 per cent. In consequence of the large 
influx of foreigners, the whites over twenty, who can not 
read and write, have increased, in every section, and in the 
United States, from 3.77 to 5.03 per cent. The proportion 
of foreign illiterate is twice that of the native." 

Within a comparatively recent period, the British prov- 
inces, on this continent, have become distinguished for their 
liberal and effective measures of popular instruction. 

In Nova Scotia, the system of Grammar and common 
schools is established and supported by funds from the treasury, 
and by parents, and sums raised in the parishes. The system 
has, by several statutes, in 1832, 1S36, and 1811, been placed 
under the management of a Board of Commissioners ; but it 
is not sufficiently vigorous, and a great number of children 
are left without education. The same remark will apply to 
New Brunswick. A valuable work on " Colonial Literature, 
Science, and Education," by George R. Young, Esq., of Hali- 
fax, Nova Scotia, exhibits a favorable condition of public 
sentiment. He urges, as the elements of a perfect and mod- 
ern system of education, 1. Infant schools for the training 
of children ; 2. Normal schools for the education of teachers ; 
3. Common schools; 4. Academies; 5. Useful knowledge 
institutions ; 6. Itinerating libraries ; 7. Colleges for the 
higher branches of learning and science ; and, again, he says 
education ought to be conducted under the superintendence 
of the government, and regulated by law, and supported by 
legislative funds or local taxation, and the funds made per- 
manent, certain, and compulsive. 

In regard to East Canada, there has not been any legisla- 
tive provision, until lately, for popular education. Its educa- 
tional endowments, for colleges and seminaries, were owing 
to the liberality and zeal of the Catholic Church ; and they 
have been munificent, and the course of education in them 
has been well conducted, under accomplished teachers. 
Though they are Catholic institutions, Catholics and Brotest- 
ants are admitted into the best of them, indiscriminately, and 
no attempts are made to convert the youth. But a general 
system of education has not been so successful as in West 

4 



50 EDUCATIONAL SYSTEMS OF THE 

Canada, owing to the inextinguishable jealousies of the 
French and English populations. 

The western province, or Upper Canada, has suddenly 
assumed rank with New York, Ohio, and Michigan — situated 
adjacent to these States, geographically, it has fully suc- 
ceeded to their educational impulses. 

In 1841, a provincial statute was enacted, granting money 
to each county, to be expended in the support of common 
schools, on the condition that the county should raise, for edu- 
cational purposes, an equal amount by local taxation. Sev- 
eral laws, altering and improving the details of this system, 
were subsequently passed ; and in 1850, all the provisions 
of former laws, which experience had sanctioned, and others 
which it had shown to be necessary, were incorporated in 
one statute. 

Before the provisions of this law are stated, it should be 
premised that, by other laws, Canada West is divided into 
counties, townships, incorporated cities, and villages ; each 
of which has a Council, which manages its affairs ; and by an 
act of the provincial Legislature, the sum of £25,000, equal 
to $125,000, is set apart as a school fund, to be applied anu- 
ally to purposes of education. 

The school act empowers each township Council to divide 
the township into school sections, answering to our school 
districts, and also, to establish a township model school. 
These sections are authorized to choose, at first, three Trustees, 
to remain in office, respectively, one, two and three years, 
and every subsequent year to choose one to take the place of 
the Trustee retiring ; and also to decide in what manner they 
will procure the funds necessary to defray their school ex- 
penses ; whether by voluntary subscriptions, by rate-bills on 
parents sending children to the schools, or by rates on the 
property of all. 

The Trustees are empowered to employ a teacher or teach- 
ers, male or female, or both, and give such compensation as 
they may think proper ; to appoint a Collector, to estimate the 
sum necessary to defray all expenses to issue their warrants, 



ATLANTIC STATES AND BRITISH POSSESSIONS. 51 

to collect the amount, and to exercise a general supervision 
over all the schools in the section. Analogous provisions, to 
accomplish the same purposes, are made with regard to in- 
corporated cities and villages. 

The school fund before mentioned is apportioned annually, 
by the chief Superintendent, among the several townships, 
according to the population of each ; and by the local Super- 
intendents among the sections, according to the average 
attendance of the scholars ; and each section is required to 
raise a sum, at least as large as that received from the 
treasury. Should it fail to do so, the county Council is re- 
quired to assess and levy the whole sum, or the amount defi- 
cient, to be expended for the benefit of the section. 

The county Council appoints a local Superintendent of 
Schools for the whole county, or for any one or more town- 
ships, not giving to any one Superintendent the oversight of 
more than one hundred schools. He is entitled to at least 
four dollars each year, for every school placed under his 
charge, and may be, and often is, allowed additional compen- 
sation. He is required to visit every school once a quarter, 
to deliver a public lecture in each school section, once a year, 
and to report annually to the chief Superintendent. And it 
is provided, that no section shall be entitled to any portion of 
the school fund, from which a satisfactory report was not 
received the preceding year. 

All the local Superintendents, and the Trustees of all the 
Grammar schools in the county, are constituted a Board of In- 
struction for the county. To this Board is entrusted the duty 
of examining all persons who desire to be employed as teach- 
ers. Those whom they deem qualified they arrange in three 
classes, according to their qualifications, and state, in the cer- 
tificate given, the class to which he who receives it belongs. 
No person is entitled to receive compensation as a teacher 
unless he has such a certificate, and no section can receive 
any portion of the fund unless a school has been kept in it 
six months during the year, by a qualified teacher. 



52 EDUCATIONAL SYSTEMS OF THE 

Besides the local Superintendents, who are required, all 
clergymen recognised by law, the members of the Legislature, 
and all magistrates, are authorized to visit the schools 
within their parishes, towns or counties, and are desired to 
attend especially the quarterly examinations. The county 
and township Councils are authorized to raise such sums as 
they think proper, for public school libraries ; and general 
regulations in regard to them are prescribed. 

A Council of Public Instruction, and a chief Superintendent 
of Schools, both appointed by the crown, are placed at the 
head of the whole system. To the Council is entrusted the 
management of the provincial normal and model schools, for 
the establishment of which provision is made by law ; it re- 
commends text-books and books for the school libraries ; pre- 
scribes regulations for the organization, government, and 
discipline of common schools, the examination and classifica- 
tion of teachers, and the establishment and care of libraries. 
To the chief Superintendent are assigned other duties than 
have already been mentioned, similar to those usually per- 
formed by the same officer in the States. 

Such is a very brief sketch of the system of public instruc- 
tion in Upper Canada. It is now in active operation, and 
the intelligence and zeal with which it is administered justify 
the highest anticipations of its success and future usefulness. 
[n July, 1851, a normal and model school was founded at 
Toronto, capable of accommodating two hundred teachers in 
training, and six hundred pupils in the model school, to 
which eight acres of land are attached ; two of which are 
occupied as a botanical garden, three for agricultural experi- 
ments, and the remainder by the buildings of the institution, 
and as grounds for the gymnastic exercises of students and 
pupils. Thus, lectures on Vegetable Physiology and Agri- 
cultural Chemistry are practically illustrated on the adjoin- 
ing grounds, in the culture of which the students are employed 
during a portion of their hours of recreation. 

The educational history of Canada West, from 1853 to 



ATLANTIC STATES AND BRITISH POSSESSIONS. 53 

1855, was even more distinguished. A system of free pub- 
lic libraries was put into successful operation ; the Grammar 
schools were re-organized, and salutary regulations for their 
government, and for the government of common schools, 
were adopted ; a fund for the support of superannuated 
common school teachers was created ; and a special grant 
made by the Legislature, to enable the Superintendent to 
supply the public schools with suitable maps, charts, dia- 
grams, and those other useful and appropriate adjuncts in 
the process of education, whose value has been tested by 
experience. The annual report, for 1854, enumerates 3,311 
public schools, for the maintenance and support of which 
nearly a million of dollars is appropriated, with an attendance 
of 208,455 pupils. At the close of 1855, 150 libraries were 
reported, containing 120,000 books. Lord Elgin, under 
whose administration the Canadian system reached its pres- 
ent excellence, claimed, in a recent speech at Glasgow, that 
" the means of obtaining elementary education, free of cost, 
and upon condition that can do violence to no rights of con- 
science, are placed within the reach of every child in the 
community ; and every child, who manifests superior intelli- 
gence or industry, may ascend from the elementary school to 
the higher, in which a superior education is given upon the 
same terms, and from the superior school to the university." 
The claim is just. Canada is a fine illustration of the Ameri- 
can system of general education. 

Having thus passed hastily in review the general features 
of the systems of public instruction in the older States, an 
imperfect impression of their utility would be received, if the 
remarkable development of their practical operation in some 
of the Atlantic cities remained unnoticed. Boston, New 
York, and Philadelphia may well claim pre-eminence on this 
continent, and are unsurpassed by the most advanced capitals 
of central Europe. It is well, before limiting our attention 
to the western slope of the Alleghanies, to select the school 
arrangements of the city of New York, for instance, as an 



54: EDUCATIONAL SYSTEMS OF THE 

instructive example of the adaptation of free schools to the 
highest educational wants of the community.* 

There are, in the city of New York, twenty-two wards, in 
each of which there are two Commissioners, two Inspectors, 
and eight Trustees of Common Schools, elected by the people ; 
the two former classes of officers for two years, and the latter 
for four years each — one Commissioner, one Inspector, and 
two Trustees being annually elected. These officers constitute 
the local administrative board of their respective wards. 
The two Commissioners of each ward compose the Board of 
Education, one-half of which is annually replenished by the 
election of new members, and which has power to organize 
and establish schools in any locality where their necessity is 
certified to by the local Boards, to make the necessary provis- 
ion for their maintenance and support, as well as of those 
already established, in the manner prescribed by law, and 
generally to exercise supervisory powers over the administra- 
tion of the system in all its parts. The several local Boards 
have the immediate charge of all the schools established in 
their respective wards, and, under such general rules and 
regulations as the Board of Education may see fit to adopt, 
contract with and employ teachers, furnish supplies, procure 
text-books, and make all needful regulations for the good 
order and general discipline and management of the schools 
under their charge. A city Superintendent of Schools, and 
two assistants, are biennially appointed by the Board of Edu- 
cation, whose geDeral duty it is to visit every school as often 
as may be practicable, to inquire into all matters relating to 
their government, course of instruction, books, studies, dis- 
cipline, and conduct ; to advise and counsel with the Trustees ; 
to examine and license teachers; to report monthly on the 
condition of the schools to the Board, and "generally, by all 



* See an article in the American Journal of Education and College 
Keview, for March, 1856, by Hon. S. S. Randall, Superintendent of Schools 
for the city of New York. 



ATLANTIC STATES AND BRITISH POSSESSIONS. 55 

the means in their power, to promote sound education, ele- 
vate the character and qualifications of teachers, improve the 
means of instruction, and advance the interest of the schools 
committed to their charge." The Inspectors of each ward are 
required to inspect and examine their respective schools, at 
least twice in each year, and annually to report to the Board 
of Education as to the condition of the several school build- 
ings in their wards ; whether any, and if any, what repairs, 
alterations, or modifications are necessary or desirable ; their 
general cleanliness and order ; the mode and results of heat- 
ing and ventilation ; the studies pursued ; the progress of the 
pupils ; punctuality of attendance on the part, as well of 
teachers as of scholars ; the order, attention, and general 
appearance of the schools ; the number and qualifications of 
the teachers ; and such other facts as, in their opinion, are 
important to insure the discipline or extend the usefulness of 
the schools under their charge. The services of all these 
various officers and agents, with the exception of the city 
Superintendent and his assistants, are entirely gratuitous. 

The funds authorized and required, by law, for the support 
of the system, including all expenses for the purchase of sites ; 
the erection and repairs of school-houses ; furniture, fuel, 
books, and apparatus ; payment of teachers' wages, and sala- 
ries of officers of the Board are derived from the following 
sources : 

1. The distributive share, belonging to the city, of the in- 
come of the State common school fund, and of the annual 
State tax of $800,000 for the support of schools. 

2. An equal amount, raised by tax upon the city, with the 
addition of a sum equal to one-twentieth of one per cent, of 
the value of real and personal estate in the city. 

3. Such additional sum as the Board of Education shall cer- 
tify to be necessary to meet the current annual expenses of pub- 
lic instruction, not exceeding four dollars for each pupil who 
shall have been under instruction during the preceding year. 

Under these provisions, fifty ward schools have been or- 
ganized and established, with three separate and distinct 



56 EDUCATIONAL SYSTEMS OF THE 

departments in each — male, female, and primary — and up- 
ward of one hundred primary schools. In these schools, 
about one hundred and thirty thousand pupils are annually 
instructed, for a longer or shorter period, with an average 
attendance, during the whole term of eleven months, of some 
60,000. The whole number of teachers employed exceeds 
1,000, of whom 800 are females ; and the aggregate annual 
expenses of the system, over and above the amount contrib- 
uted by the State, considerably exceed $1,000,000, of which 
$150,000 is paid for teachers' wages, and the residue for the 
erection of new school buildings, the purchase of sites, and 
the incidental expenses of education. 

The ward schools are divided, as before observed, into Gram- 
mar schools for girls, Grammar schools for boys, and primary 
departments, each "occupying a separate story. The buildings 
are, for the most part, especially those recently erected, spacious, 
tasteful, and commodious — costing, including the sites, from 
$30,000 to $60,000 each— well-arranged and suitably fur- 
nished. Each story is provided with a large hall, or assembling 
room ; that in the primary is capable of accommodating from 
five hundred to a thousand children, according to the size of the 
building and the number of pupils in ordinary attendance ; and 
that in the upper departments, from three to five hundred each ; 
also several large and convenient class-rooms, suitable play- 
grounds, and separate front and rear entrances for both sexes. 
The seats and furniture generally are of the most modern and 
improved structure ; and in most of the schools, pianos are 
furnished for the instruction of the classes in music, in one or 
both of the upper departments. 

The primary schools occupy a more humble, but equally 
convenient grade of building — adapted to the accommodation 
of from three to five hundred children each ; and generally 
consist of two stories, one for each sex. One or two of 
those, recently erected, are on a larger and more extensive 
scale, capable of accommodating a thousand pupils ; while, 
on the other hand, several of the older structures are anti- 
quated and inconvenient, and some still continue to occupy 



ATLANTIC STATES AND BKITISH POSSESSIONS. 57 

the basements of churches and other public buildings, where 
they were originally located at an early period. From these 
schools, promotions are semi-annually made to the ward 
schools in their vicinity, and from the primary to the upper 
departments of the ward schools themselves. The girls' 
Grammar schools, the primary departments, and primary 
schools, are under the exclusive charge of female teachers. 

In these schools, all the elementary branches of instruction 
are thoroughly and systematically taught, and carefully and 
frequently reviewed ; and, in the upper departments, many 
of the higher branches, including Algebra, Physical Astron- 
omy, Natural History and Philosophy, Physiology, General 
History, and Book-keeping, form portions of the course. 
Yocal Music, Composition, Declamation, and Drawing, are 
also universally practised. Each department is divided into 
five general classes, with as many sub-divisions as are re- 
quired by the number of pupils in each — thirty or forty being 
considered as many as can profitably be taught by any one 
instructor. The hours of instruction are from 9, A. M., to 
3, P. M., with two recesses of half an hour each. 

The order and discipline of the schools are uniform and 
admirable. Precisely at nine o'clock, each department is 
assembled, in a quiet and regular manner, in its respective 
hall ; and, amid profound stillness and attention, a select por- 
tion of the holy Scriptures is read by the Principal ; after 
which, the Lord's Prayer is reverently repeated by the chil- 
dren, in conjunction with their teachers, and an appropriate 
hymn of praise and thanksgiving sung by the whole school. 
The classes are then dismissed to their respective recitation- 
rooms, and the lessons of the day entered upon. Previous to, 
and immediately after, each recess, the school is again as- 
sembled, and a short interval is devoted to singing, music, and 
such general exercises as are interesting and instructive to 
all. Noise and confusion are almost entirely unknown ; and 
cheerfulness and enjoyment, regularity and order, pervade 
the entire group. 

One of the most striking and peculiar features of the New 



58 EDUCATIONAL SYSTEMS OF THE 

York system of public schools, consists in the general interest 
which is felt and manifested in their behalf, as well on the 
part of the numerous officers engaged in their administration 
and supervision, as on that of the community. Scarcely a 
day passes in any of the schools without the official visits of 
one or more of the school officers, and in many of the most 
advanced as well as primary departments, one day in each 
month is specially set apart for the reception of visitors. 
These occasions are regarded as holydays by the schools. The 
regular exercises are suspended. The pupils, in their holy- 
day attire, are assembled, and the spacious halls are crowded 
with parents, friends, and visitors. After the usual opening 
ceremonies are concluded, a few of the highest class are 
examined in the various branches of study in which they are 
engaged. Compositions are read and premiums awarded for 
good conduct and scholarship ; specimens of Drawing, Pen- 
manship, Book-keeping, and Embroidery are displayed, and 
the exercises are agreeably diversified by music and singing, 
and appropriate addresses. A favorable opportunity is thus 
afforded to all who are interested, to observe the condition 
and progress of the schools, while both pupils and teachers 
are encouraged in their efforts for advancement and ex- 
cellence. There can be no doubt that these frequent and 
periodical receptions exert a most favorable influence on the 
prosperity and welfare of the schools ; enabling, as they do, 
the public to appreciate their value and to witness the results 
they are producing. 

A thorough and complete public examination of the sev- 
eral pupils, by classes, is, also, semi-annually made by the 
Superintendents, in the presence of the school officers of the 
respective wards, and such others as choose to attend ; and 
in addition to this, the officers of the wards themselves hold 
periodical examinations. 

In the opinion of competent judges, no class of schools of a 
similar grade, which the city affords, are superior, in point 
of scholarship, general appearance, good order and disci- 
pline, and moral training, to those under the charge of the 



ATLANTIC STATES AND BRITISH POSSESSIONS. 59 

Board, of Education. Composed, as they are, of the children 
of all classes of the population, rich and poor, high and low, 
humble and exalted in station, the standard of intellect and 
of virtue is conspicuous in all, and all the influences which 
surround and pervade them are eminently favorable to the 
acquisition of correct habits, sound and useful knowledge, 
and Christian principles. 

Having thus passed in review the principal features of the 
system, and of the public schools themselves, the incidental 
and auxiliary provisions which so essentially contribute to 
their advancement and success, remain to be considered. 
These are: 

1. The normal schools, of which there are three in num- 
ber — one for male teachers, one for female, and one for teach- 
ers of the several colored schools. These consist of all those 
teachers in the employ of the Board of Education who do not 
already hold certificates of qualifications of the highest grade, 
entitling them to fill the place of Principals or Vice-Principals 
of any of the schools. The female normal school assembles 
in the hall of the Board of Education, on Saturday of each 
week, and remains in session for six hours. It numbers be- 
tween five and six hundred teachers, all of whom are actively 
engaged in teaching during the other five days of the week, 
and is under the immediate charge of a Principal, Vice- 
Principal, and twelve assistants, selected by the Executive 
Committee of the Board, and acting under their general 
supervision. The course of instruction comprises all the 
branches of a complete English education. The male nor- 
mal school consists, in like manner, of all the male teachers 
of the several public schools, not holding full certificates, 
and assembles at the same place, on the afternoon of Tues- 
day and Friday of each week. The colored normal school 
assembles, on Saturday of each week, at one of the ward 
schools appropriated to their use. Hitherto, no institution 
has been organized for the special instruction and prepara- 
tion of those designing to become teachers, but who have not 



bO EDUCATIONAL SYSTEMS OF THE 

yet entered upon the active duties of the profession. The 
Board, however, have taken the necessary preliminary meas- 
ures for the establishment of such an institution at the ear- 
liest practicable period. 

2. The evening schools. These are thirty in number, com- 
prising an attendance of nearly thirteen thousand pupils, 
and are in session for a period of five months, from the first 
of October in each year, to the first of March succeeding. 
They are designed exclusively for the benefit of those whose 
avocations and pursuits prevent attendance in any of the 
day schools. The range of instruction includes most of the 
branches ordinarily taught in the ward schools, with the 
addition of specific instruction in such of the practical appli- 
cations of science, as are specially adapted to the peculiar 
wants of the class of pupils generally in attendance. The 
attendance in these schools is rapidly increasing, as their 
benefits and advantages become more generally and exten- 
sively known and appreciated ; and they are unquestionably 
destined, at no distant day, to become an important and 
prominent feature of the general system. They are also 
under the special charge of an Executive Committee of the 
Board of Education, and the teachers employed are chiefly 
drawn from those on daily duty in the ward schools. 

3. The schools for the instruction of colored children. 
These are chiefly included in the enumeration, above given, 
of the ward and primary schools and departments ; and, 
although occupying separate buildings, are, in all other re- 
spects, on the same footing, and enjoy all the benefits and 
advantages of those schools. There are three large ward 
schools, divided into male, female, and primary departments, 
and five smaller and primary schools ; comprising, in the 
whole, about three thousand pupils. The general standard 
of scholarship and deportment, in these schools, is of a very 
high order, and the qualifications of the teachers, and their 
success in the management and discipline of the schools 
under their charge, is worthy of all commendation. 



ATLANTIC STATES AND BRITISH POSSESSIONS. 61 

4. Corporate schools, participating in the annual distribu- 
tion of the school moneys. There are twelve of these insti- 
tutions, numbering in the aggregate about five thousand pu- 
pils, with an average attendance of about half that number, 
under the immediate charge of teachers appointed by the in- 
stitutions themselves. Their sole responsibility to the Board 
of Education, consists in the proper expenditure of the funds 
which they derive from this source. They are subject to the 
visitation and inspection of its officers, and the general course 
of instruction corresponds essentially with that of the several 
primary departments and schools. Among these institutions 
may be enumerated the House of Refuge, the several Protest- 
ant and Catholic orphan asylums, the Leake and Watts 
Orphan House, the House of Industry, and the juvenile 
asylums. 

5. The free academy for boys. This is, to all intents and 
purposes, a collegiate institution, designed to carry its pupils 
through the entire course of studies requisite to complete a 
full collegiate education. Any male pupil of one year's 
standing in the ward schools, and who has attained the age 
of twelve years, is entitled to admission to the Preparatory 
department of the academy, provided, on examination, he 
shall have been found to possess the requisite qualifications — ■ 
a thorough and accurate acquaintance with all the branches 
ordinarily pursued in the public schools. The full course of 
instruction in the academy occupies five years, at the expira- 
tion of which the pupil is graduated, with all the usual colle- 
giate honors and degrees. 

The institution is under the general supervision of a special 
committee of the Board, and the immediate charge of a Prin- 
cipal, (Horace Webster, L.L. D.,) twelve professors, and seven 
tutors. The number of pupils at present somewhat exceeds 
five hundred. An active and vigorous competition exists, 
among the several schools, for the honor of furnishing the 
greatest number of pupils generally to this institution ; and 
the high inducements of a finished education, free from 
charge, operate as a powerful stimulant to all who are eligible 



62 SCHOOL SYSTEMS OF THE WESTERN STATES. 

to admission. A similar institution for the complete educa- 
tion of the female graduates of the ward schools will, doubt- 
less, speedily be established under the authority conferred on 
the Board for that purpose. 



CHAPTER III. 



SCHOOL SYSTEMS OF THE WESTERN STATES. 

The provision for public education in the western States, 
is intimately connected with the munificence of the Congress 
of the Confederation. In 1785, by the cessions of the origi- 
nal States, whose conflicting claims to the western wilder- 
ness had endangered the revolutionary cause, the region 
north-west of the river Ohio had become a domain, with the 
exception of the Connecticut Reservation, and some indefinite 
stipulations in behalf of Virginia military claimants. These 
western lands were regarded as a great resource for revenue ; 
the right of Congress to dispose of them was unclogged by 
conditions; and yet the Congress of the Confederation deter- 
mined to recognise, in the earliest legislation for their survey 
and sale, the paramount interest of public education. 

On the 20th of May, 1785, " an ordinance for ascertaining 
the mode of disposing of lands in the western territory," 
was perfected by Congress, and became the foundation of 
the existing land system of the United States ; and, by one 
of its provisions, a thirty-sixth of every township was ex- 
pressly reserved from sale, " for the maintenance of public 
schools within the said township." 

A township of land, under the surveys of the United 
States, contains 23,040 acres. This area is six miles square, 
and is subdivided into thirty-six equal divisions, called sec- 
tions. Each section contains 640 acres, and every sixteenth 



SCHOOL SYSTEMS OF THE WESTERN STATES. 63 

section was reserved, as above stated, for the support of 
schools. In 1787, the ordinance for the government of the 
territory north-west of the river Ohio, was passed, which 
confirmed the provisions of the land ordinance of 1785 ; 
and further declared, that "religion, morality, and knowl- 
edge, being necessary to good government, and the happiness 
of mankind, schools, and the means of education, shall 
forever be encouraged." 

The negotiations which led to the first appropriations for 
university purposes in the North-West Territory, were com- 
menced in the year 1786, by the Ohio Company, and 
concluded the following year by a contract for the purchase 
of one and a half millions of acres of the public lands. In 
this contract, in addition to reservations for school and 
religious purposes, was a provision for the grant of two 
outline townships as an endowment for a university. These 
two townships were selected together at Athens, in Ohio, and 
the university located upon them. The year after, John 
Cleves Symmes, of New Jersey, and his associates, made 
application for the purchase of another large tract of land 
between the Miami rivers. The school reservation in Symmes' 
Purchase was thus expressed: " Of lot No. 16, for the purpose 
mentioned in the land ordinance of the 20th of May 1785 ;" 
and one entire township was granted perpetually for the 
purpose of an academy or college, finally resulting in the 
endowment of Miami University. 

The intention of Congress unquestionably was, that these 
donations for academies, colleges, and universities, should be 
inseparably connected with the provision for public schools 
in the townships ; and such has been the result in Michigan 
and Wisconsin, thus furnishing a higher gradation of com- 
mon or free schools. That community is fortunate where no 
institutions superior to the seminaries of the people — the latter 
being the best possible — are regarded as a public necessity. 

A long series of acts have confirmed and extended the 
policy of these grants ; although, in some instances, Congress 
has relaxed its early condition, namely, " to each township 



> 



64 SCHOOL SYSTEMS OF THE WESTERN STATES. 

respectively for the use of schools ;" simply granting 
section sixteen, etc., "for the use of schools in the State." 
By this means greater equality of benefit is secured ; and 
the administration of a State school department is much 
facilitated. The elevated policy of the General Government, 
in this respect, has been well characterized by an American 
statesman, (Mr. Gushing,) as " a noble and beautiful idea 
of providing wise institutions for the unborn millions of the 
west; of anticipating their good by a sort of parental 
providence ; and of associating together the social and the 
territorial development of the people, by incorporating these 
provisions with, the land titles derived from the public 
domain, and making school reservations and road reserva- 
tions essential parts of that policy." 

In the organization of the territory of Oregon, in 1848, 
two sections of land in each township were set apart for 
school purposes. The grant of an additional school section 
to the new territories, was recommended by Mr. Robert J. 
"Walker, while Secretary of the Treasury of the United' 
States ; and has recently been made to Utah, New Mexico, 
Minnesota, Kansas, and Nebraska, as well as to the Pacific 
organizations. 

The amount of lands thus appropriated by the federal 
Government, up to January 1, 1854, is exhibited in the sub- 
joined table : 

States. Acres. States. Acres. 

Florida 908,530. 

Alabama, 902,774. 

Mississippi, 837,584. 

Louisiana, 786,044. 

Arkansas, 886,460. 

Ohio, 704,488. 

Michigan, 1,067,397. 

Indiana, 650,317. 

Illinois 978,755. 

48,909,535. 

The General Government has also appropriated 4,0G0,707 
acres of land in the above States and territories for the 
support of universities. 

Postponing the detailed narrative of educational progress 



Missouri 1,199,139. 

Iowa, 905,144. 

Wisconsin, 958,648. 

California 6,719,324. 

Minnesota 5,089,224. 

Oregon, 12,110,907. 

New Mexico, 7,493,120. 

Utah, 6,681,707. 



SCHOOL SYSTEMS OF THE WESTERN STATES. 65 

in Ohio, the remainder of this chapter will be occupied with 
a survey of the western States, similar to the summaries 
already given of the Atlantic States. 

Michigan was the first State in the Union that established 
a "Superintendent of Public Instruction" as a constitutional 
officer. The system contemplated by the framers of the first 
Constitution and laws, embraced a wide field. It consisted of 
a head of the department, designated as above, with general 
supervision; a university, in which education was free, 
governed by a Board of Regents, now elected by the people, 
with a local Faculty; branches of the university, and a 
system of primary schools, under the management of town- 
ship officers, designated Inspectors of Primary Schools ; and 
district officers, known as Moderator, Director, and Assessor 
of the School District. To these have been added, by the 
Legislature of 1850, a State normal school, the exclusive 
purposes of which are defined in the organic law, to be "the 
instruction of all persons, both male and female, in the 
art of teaching, and in all of the various branches that 
pertain to a good common school education ; also, to give 
instruction in the arts of Husbandry and Agricultural Chem- 
istry ; in the fundamental laws of the United States, and 
in what regards the rights and duties of citizens." This 
school is under the government of a Board of Education, 
consisting of three members and the Superintendent of Public 
Instruction, who are elected by the people. It went into 
operation in April, 1853. 

The school statistics for Michigan, for 1854, exhibit 129,517 
children in attendance upon the schools ; $130,996.69 appor- 
tioned by the State for their support; $156,916.90 raised by 
districts ; 63,763.43 raised by rate-bills ; 121,201 volumes in 
the township libraries, and $67,179.55 collected by a two mill 
tax for their increase ; a primary school fund, derived from 
sales of lands, of $1,384,288.03; a university fund of $452,- 
423.07, and $56,503.71 from the net sales of normal school 
lands. A model farm and agricultural school has also been 
established at Lansing, during 1855 

5 



66 SCHOOL SYSTEMS OF THE WESTERN STATES. 

Wisconsin lias adopted the policy of Michigan. Public 
instruction is under the charge of a State Superintendent, by 
whose report of December 31, 1854, it appears that the capi- 
tal of the school fund was $1,160,258.77, at seven per cent., 
and which will probably reach $5,000,000 by the sale of 
lands. The university fund is $161,146.61. Wisconsin has 
also instituted a library system. 

Indiana has a school fund derived from several sources. 
Governor Wright, who is distinguished for the leading inter- 
est he has taken in the subject of education, in his able mes- 
sage of December, 1853, estimates this fund at $4,988,988. 
It is made up of the Congressional township fund, surplus 
revenue, saline and bank tax funds, forfeitures, and the 
profits of the sinking fund; more than $1,000,000 is not 
at present available. The receipts from the university fund, 
for 1852, were $15,528, and from the common school fund, 
$73,839. There were expended for the Indiana University, 
in the same year, $16,361. The Constitution provides for 
the election, by the people, of a Superintendent of Public 
Schools, to hold office for two years. 

By an act of 1855, a State Board of Education is estab- 
lished, consisting of the Governor, Secretary of State, State 
Treasurer, the Auditor, the Attorney General, and the Su- 
perintendent of Public Instruction, who meet annually for 
conference, discussion, and the determination of questions 
arising under the school law. The Superintendent has the 
general oversight of the schools, and must spend at least one 
day a year, in each county. The Board of Trustees of each 
township have the general custody and management of the 
school property and lands, a limited power to lay taxes for 
building school -houses, and the authority to employ teachers, 
when the inhabitants do not designate them. The inhab- 
itants of each school district elect, for one year, a School Di- 
rector, who takes care of the school-house, provides fuel, 
etc., and reports to the Trustees. 

There is to be assessed each year the sum of ten cents on 
each $100 worth of property, and fifty cents on each poll 



SCHOOL SYSTEMS OF THE WESTERN STATES. 67 

(except upon the property and polls of negroes and mulattoes, 
who have none of the benefits of the act) for the use of the 
common schools ; and one quarter of a mill on each dollar, 
and twenty-five cents on each poll, for the purchase of town- 
ship libraries — such libraries to be purchased under the 
direction of the State Board of Education. 

The State school fund of Illinois, derived from the public 
lands, the surplus revenue of the United States, and from 
county and township funds, yields an income of $299,047. 
The whole amount expended for schools in 185-1, as returned 
by seventy-nine counties, was $308,385.52, educating 136,371 
children six months. 

It is provided, by the Constitution of Iowa, that a Superin- 
tendent of Public Instruction shall be chosen by the people, 
for three years ; and that all lands granted by Congress, all 
escheated estates, and such per cent, as may be granted by 
Congress, on the sale of the public lands in Iowa, shall consti- 
tute a perpetual fund, the interest of which, with the rents on 
the unsold lands, shall be applied to the support of common 
schools. The Assembly shall provide for a school in each 
school district, for at least three months in each year ; and all 
moneys received for exemption from military duty, and for 
fines imposed by the courts, shall be appropriated to support 
such schools, or for the establishment of school libraries. 
The money arising from the lease or sale of public lands, 
granted for the support of a university, shall remain a per- 
petual fund to maintain such an institution. 

The school fund, being the proceeds of lands sold, 
amounted, December 4, 1854, to nearly $1,000,000. It was 
under the management of the School Fund Commissioners, 
and loaned at ten per cent, interest. A considerable amount 
of school lands remains unsold. There have been sold univer- 
sity lands to the amount of $58,571.31. The entire value of 
the lands is estimated at $200,000. The law provides for the 
establishment of three normal schools, and public libraries. 

Missouri has a school fund of $575,668, and another fund 
of $100,000, called the seminary fund. The State also 



68 SCHOOL SYSTEMS OF THE WESTERN STATES. 

appropriates one-fourth of its revenue to the support of 
schools ; making an annual income of about $200,000, which 
is distributed among the counties.* The State University, lo- 
cated at Columbia, in Boone county, is endowed with six town- 
ships of land by the General Government. From the report 
of the Superintendent, made to the Legislature, in January, 
1855, it appears there were reported, in 1853, 233,327 scholars 
between the ages of five and twenty, of whom 80,605 were 
in organized school townships. In 1841, 67,971 children, 
from an aggregate of 202,658, were taught within the year. 
There were 1,117 district libraries. 

The school fund in Kentucky amounted, in 1854, to 
$1,400,270.01, consisting of State bonds and bank stocks, 
besides an annual tax on property, amounting to about 
$78,000. The number of children reported in that year was 
207,210 — average number at school, 76,429. The distribu- 
tion for school purposes, in 1854, was $146,047. 

The year 1855 indicates a new impulse to the cause of edu- 
cation in Kentucky. The people, by a majority of 57,526 
(all the counties but five contributing to that immense aggre- 
gate,) voted an additional tax of three cents on each $100 of 
taxable property, in aid of common schools. At the present 
time there are 3,374 common schools in the State, in which 
about 5,000 teachers are engaged in the instruction of 113,763 
youth. Transylvania University has recently offered prop- 
erty and funds, exceeding in value $100,000, for the estab- 
lishment of a normal school at Lexington, of which the 
Legislature will unquestionably avail itself. 

The school fund of Tennessee, in 1851, was $1,321,655. 
The expenditure for schools during the two years, ending 
October 3, 1853, was $244,884. 

In Mississipri, there is no uniform common school system 
for all the counties. Each township has a school fund from 



* The Superintendent of Common Schools, under date of April 26, 1856, 
announces that the apportionment of school moneys for 1856 distributes 
$217,674 to 272,093 children, or eighty cents per head. 



SCHOOL SYSTEMS OF THE WESTERN STATES. 69 

the lease of lands granted by Congress, mostly for ninety- 
nine years. The money thence arising is loaned annually, 
at not less than eight nor more than ten per cent., which in- 
come is applied annually to tuition. There is also a county 
fund, arising from fines, forfeitures, licenses, etc., which is 
distributed in those townships that are destitute, or have but 
a small school fund. In all larger towns, public schools have 
been established, and there are many flourishing high schools. 

Alabama has a common school fund of $2,300,970, the in- 
come of which is $237,515. The State University at Tusca- 
loosa receives annually $30,000 from the State, most of 
which is the proceeds of an university fund. In 1854, the 
Legislature provided for the appointment of a Superintendent 
of Common Schools, as preliminary to a thorough revision of 
the system. According to the returns made to him, in 1855, 
there were 145,518 children, between the ages of five and 
eighteen years, and about 1,000 schools in operation. 

Florida, although an Atlantic State, is here mentioned, 
because she was the recipient of Congressional donations — 
908,503 acres of land having been appropriated for common 
schools, and 46,080 acres for a university. By an act of 
the Legislature of 1849, the proceeds of the sales of the 
school lands, or sixteenth section, and five per centum of the 
net proceeds of other lands granted by Congress for purposes 
of education, of all escheated property, and all salvages, shall 
constitute a school fund, for the support of common schools 
in the State. According to the census of 1850, there were 
but 69 public schools, with 1,878 pupils, and $22,386 income. 

In Arkansas, the Secretary of State is ex officio Commis- 
sioner of Common Schools. His last report is dated 13th of 
November, 1854. The returns to him from the School Com- 
missioners are exceedingly imperfect. Only 40 schools are 
reported in the entire State. The sale of the school lands 
would make a large fund. The Commissioner says, " The 
great obstacle in the organization of common schools is not 
so much a deficiency to maintain them " as it is " the indif- 



70 SCHOOL SYSTEMS OF THE WESTERN STATES. 

ference that pervades the public miud ou the subject of edu- 
cation. " 

Louisiana has received 780,044 acres of land for common 
school purposes, and 46,080 acres for a higher seminary. 
The Constitution provides for a State Superintendent, and 
that free public schools shall be established throughout the 
State ; the proceeds of land granted for the purpose, and of 
lands escheated to the State, shall be held as a permanent 
fund, on which six per cent, interest shall be paid by the 
State for the support of these schools. The yearly sum of 
$250,000 is appropriated for the support of the free schools 
of the State, and is derived from the levy of a tax of one mill 
on the dollar, and from the imposition of a poll-tax of one dollar 
on each white male inhabitant of the State. The school fund, 
January 1, 1855, amounted to $461,269.05. There is, be- 
sides, the seminary fund, which, at the same date, was 
$151,539.66. But these now are funds of account only, and 
consist of a debt of the State to the fund. The number of 
school districts in the State, January 1, 1855, was 681 ; 
average attendance, for the year 1854, estimated at 36,000. 
The amount apportioned to the several parishes, for the year, 
was $250,524.56. The report of the Superintendent of 
Public Instruction contains but few statistics. The Governor 
in his message speaks of the " educational system " as in an 
unsatisfactory condition, and as " almost a failure." 

In Texas, according to the census of 1850, there were 
349 public schools, with 7,946 pupils, and $44,008 income, 
with two colleges, and ninety-seven academies. 

The Constitution of California provides for the election of 
a Superintendent of Public Instruction, to hold office for three 
years, and that the Legislature shall establish a system of 
common schools, to be taught at least three months in each 
year. By the same instrument, the proceeds of the public 
lands granted to the State for schools, the 500,000 acres 
granted to new States under the act of Congress of 1841, the 
estates of persons dying without heirs, and such per cent, as 



SCHOOL SYSTEMS OF THE WESTERN STATES. 71 

Congress shall grant on the sale of lands within the State, 
shall be a fund, the interest of which, and unsold lands, are 
to he inviolably appropriated to the support of common 
schools. The estimated amount of lands to which the school 
fund is entitled, from the sixteenth and thirty-sixth sections 
in each township reserved for the use of schools, is stated by 
the United States Surveyor-General, in California, to be 
5,201,244 acres. The price per acre, by existing laws, is 
two dollars, which would give $11,102,488 for the school 
fund. On the 1st of January, 1856, $28,269.60 was appor- 
tioned by the State Board of Education, being the entire 
income to the State school fund for the previous half year ; of 
the 26,170 resident children reported, 6,422 form the daily 
average attendance of the common schools. 

The munificent donations to the territories, when fully 
secured and applied, will constitute satisfactory endowments 
for schools. Minnesota has already organized a territorial 
university, and entrusted to a Superintendent of Public In- 
struction the responsibility of putting the school system into 
practical operation. Oregon and Washington have taken 
similar measures ; and Kansas, Nebraska, and New Mexico 
will doubtless, at no distant day, imitate their examples. 
With a donation of lands double that enjoyed by the older 
western States, and with the benefit of their experience, the 
communities hereafter to be organized between the Missis- 
sippi and the Pacific will be very culpable, if they do not 
husband effectually their educational resources. 



72 ADMINISTRATION OF ARTHUR ST. CLAIK. 



CHAPTER IV. 

ADMINISTRATION OF ARTHUR ST. CLAIR— 1788-1802. 

On the 13th of July, 1787, Congress passed the "Ordi- 
nance for the Government of the Territory of the United 
States, north-west of the river Ohio." On the 5th of October, 
Arthur St. Clair was appointed Governor of the Territory, 
Winthrop Sargent, Secretary, and Samuel Holden Parsons, 
James Mitchell Barmim, and John Cleves Symmes, Judges. 
The 7th of April, 1788, is the memorable date of the set- 
tlement of Marietta; and on the 9th of July, Governor St. 
Clair arrived, and entered upon the duties of his office. 

The first allusion to the interests of education in Ohio, 
is found in an Oration, pronounced at Marietta, the following 
year, April 7th, 1789, in commemoration of the commence- 
ment of the settlement formed by the Ohio Company, by Dr. 
Solomon Drown, and printed at Worcester, Massachusetts, 
by Isaiah Thomas. The following paragraph is less am- 
bitious, but more worthy of quotation than the bulk of 
the production in question : 

"This country," he observes, "will afford noble oppor- 
tunity for advancing knowledge of every kind. A communi- 
cation with all nations will enable you to introduce the most 
useful and excellent scientific improvements, which are to 
be found in every kingdom and empire on earth. Effectual 
measures have been taken by Congress, for cultivating 
and diffusing literature among the people, in appropriating 
large tracts of land for the establishment of schools and a 
university. The institution of a public library would be of 
great benefit to the community, not only by affording rational 
amusement, and ameliorating the disposition, but by giving 
those who have not a liberal education, an opportunity of 
gaining that knowledge which will qualify them for useful- 
ness." 



ADMINISTRATION OF ARTHUR ST. OLAIR. 73 

It was not until the population of the territory had reached 
5,000, when the people were entitled, under the ordinance, to 
a representative government, that any measures were taken 
in regard to education. The first session of the territorial 
Legislature, was held at Cincinnati, beginning on the 17th 
of September, 1799; and Governor St. Clair, in his address to 
that body, held this language : " The benefits that result 
from early education, and due instruction in the principles 
of religion, are of immense value to every country, and 
are too obvious that an attention to them, for the rising 
generation, should be pressed upon you." 

We have the authority of Judge Jacob Burnet, that "the 
subject of education occupied the serious attention of the 
territorial Legislature; and, among other measures, they 
instructed the delegate in Congress, (William Henry Harri- 
son,) to use his influence to induce that body to pass laws 
which were considered necessary, to secure to the territory 
the title of the lands that had been promised for the support 
of schools and colleges, including section No. 16 in every 
township, by the ordinance of May, 1785, and confirmed by 
another in July 1787.* 

By a resolution, at this session, December 18, 1799, Biifns 
Putnam, Benjamin Ives Gilman, and Jonathan Stone, were 
requested to lay off, within the two townships donated for the 
endowment of a university, a town plat, containing "a 
square for the colleges ; also, lots suitable for house-lots and 
gardens for a president, professors, tutors, etc., bordering on, 
or encircled by, spacious commons; and such a number of 
town-lots, adjoining the said commons and out-lots, as they 
should deem for the advantage of the university ;" and they 
were instructed to report the same to the Legislature, at its 
next session. 

At the second session of the General Assembly, held at 
Chillicothe, on the 3d of November, 1800, an act was passed, 
incorporating Griffin Green, Robert Oliver, Benjamin Ives 

* Burnet's Notes on the North-West Territory, p. 305. 



74 ADMINISTRATION OF AETHUK ST. CLAIR. 

Gilman, Isaac Pierce, Jonathan Stone, and Ephraim Cutler, as 
Trustees, with authority " to lease all lots of lands granted 
for religious purposes, and the support of schools, in the 
county of Washington, or the Ohio Company's Purchase, for 
any term not exceeding seven years ; and to require such 
improvements to be made thereon, as they might think 
reasonable." This Legislature indicated a disposition to pro- 
tect the school lands from sacrifice. 

At the third session of the General Assembly, January 
9, 1S02, an act was passed, establishing a university in 
the town of Athens, in the ninth township of the fourteenth 
range within the Ohio Company's Purchase, by the name and 
style of the "American Western University," for "the 
instruction of youth, in all the various branches of the liberal 
arts and sciences ; for the promotion of good education, 
virtue, religion, and morality; and for conferring all the 
degrees and literary honors, granted in similar institutions." 

The preamble asserted that "institutions for the liberal 
education of youth, are essential to the progress of arts 
and sciences, important to morality, virtue, and religion; 
friendly to the peace, order, and prosperity of society; 
and honorable to the government that encourages and 
patronizes them." The corporators were to consist of the 
President, ex officio, and not more than seventeen, nor 
less than eleven Trustees — Rufus Putnam, Joseph Gilman, 
"Return Jonathan Meigs, jr., Paul Fearing, Eev. Daniel 
Story, Griffin Green, Robert Oliver, Ebenezer Sproat, 
Dudley Woodbridge, and Isaac Pierce, being designated 
in this act, as the first organization. They were empowered 
to appoint a Faculty, and other officers and servants of the 
institution, to make needful rules ; to fix salaries ; to remove 
either Trustees or Faculty, and servants, for cause; to fill 
vacancies in their own body, until the next session of the 
Legislature should supply the same ; to keep a seal ; to 
execute deeds and instruments in writing, by the signature 
under seal of their Treasurer ; to sue and be sued, provided 
that the process against the corporation should be, by sum- 



ADMINISTRATION OF ARTHUR ST. CLAIR. 75 

rnons, served upon the Treasurer, at least twenty days before 
its return ; to have power to divide and lease the two town- 
ships donated by Congress, provided, " that no lease be 
made for a longer term of time than twenty-one years," and 
that the tenants or lessees " should enjoy and exercise all 
the rights and privileges of citizens, as if they held the same 
lands in fee simple ;" to apply the clear annual rents and 
profits, as directed by the act; to accept donations, if for 
a suitable purpose; to lease, for a small annual rent, on 
condition of a capital sum being paid in hand, the whole, 
or any part, of the house-lots and out-lots of five acres, in the 
town of Athens, as laid out under the resolution of December 
18, 1799, by B-ufus Putnam, Benjamin Ives Gilman, and 
Jonathan Stone, and apply said capital sum, or a part thereof, 
in the erection of necessary buildings ; to elect a president 
of the University ; and, until such election, and in all cases 
of vacancy or absence of the president, then the Trustees 
were authorized to appoint one of their number to preside in 
their meetings. The Legislature reserved the power to 
modify or change the act in all respects ; and Rufus Putnam 
was authorized to fix the time and place, of the first meeting 
of the corporation. Section 14 provided, that the lands in 
the two townships, appropriated and vested in said Trustees, 
with the buildings which might be erected thereon, for the 
accommodation of the president, professors, and other offi- 
cers, students, and servants of the University, and any 
buildings appertaining thereto, and also, the dwelling- 
houses and out-houses, or other buildings of the tenants or 
lessees, then erected and built, or which might thereafter 
be built and erected on the lands within the said townships, 
should forever be exempted from all territorial and State 
taxes ; provided, that no exemption from the payment of 
county taxes, or upon personal estates, should be asserted 
under the act. The Treasurer of the University was required 
to execute a bond, to the acceptance of the president and 
Trustees ; and it was probably intended that he should 
not be of their number. 



76 ADMINISTRATION OF ARTHUR ST. CLAIR. 

Before dismissing the administration of Governor St. Clair, 
justice to him requires some allusion to his efforts to secure 
the township reserved from Symnies's Purchase, for an 
academy or college. In doing so, some legislation, which 
occurred after the organization of the State and the retire- 
ment of Governor St. Clair, will require recapitulation. The 
whole subject has been presented lucidly, by Judge Jacob 
Burnet, in his "Notes on the North-West Territory," and 
free use is, therefore, made of the testimony of so com- 
petent a witness. 

The ordinance under which the early sales of the public 
domain were made, did not authorize a grant of college 
lands to purchasers of a less quantity than two millions of 
acres. The original proposition of Mr. Symmes. being for 
that quantity, would have entitled him to the benefit of the 
grant, had it been carried into effect. It was therefore stated 
in his pamphlet, containing the terms of sale and settlement, 
that a college township had been given and located as nearly 
opposite the mouth of the Licking river, as an entire town- 
ship could be found eligible, in point of soil and situation. 
The selection of that township was made in good faith, on 
one of the best tracts in the Purchase ; and was marked on 
his map as the college township. It was situated opposite 
the mouth of the Licking, and was reserved from sale for the 
purpose intended, until it was ascertained, that the agents 
appointed to close the contract with Government, under the 
powers given in the letter of attorney, had relinquished one 
half of the quantity proposed to be purchased by Mr. 
Symmes ; and, as a matter of course, had relinquished, also, 
his claim to a college township. After that relinquishment, 
he erased the entry made on that township, on his map, as 
he had a right to do; and offered it for sale. As it was 
one of the best in the Purchase, it was soon entirely disposed 
of. The matter remained in that situation, until 1792, when 
the Judge applied to Congress, as is stated above, to change 
the boundaries of his Purchase, and grant him a patent, for 
as much land as he was then able to pay for. When the bill 



ADMINISTRATION OF ARTHUR ST. CLAIR. 77 

for that purpose was before Congress, General Dayton, the 
agent of Mr. Symmes, and then a very influential member 
of the House, introduced a section, authorizing the President 
to convey to Mr. Symmes and his associates, one entire 
township, in trust, for the purpose of establishing an acad- 
emy and other schools of learning, conformably to the ordi- 
nance of Congress, of October 2, 1787 ; to be located, with 
the approbation of the Governor, for the time being, of the 
the territory north-west of the river Ohio, (within the term of 
five years, as nearly as may be,) in the center of the tract of 
land granted by the patent. 

The fact was, that under that ordinance, the right to the 
township had been lost, by relinquishing half the quantity of 
his proposed purchase ; yet from some cause, either from a 
want of correct information, or a disposition to be generous, 
the provision was retained, and became a part of the law. 
At that time there was not an entire township in the Pur- 
chase, undisposed of; portions of each and all of them had 
been sold by Mr. Symmes, after his right to college lands had 
been lost, and before the law of 1792 had renewed the claim. 
He could not, therefore, make the appropriation required. 

The matter remained in that situation until the first Terri- 
torial Legislature was elected, in 1799. Mr. Symmes, then 
feeling the embarrassment of his situation, and aware that 
the subject would be taken up by that body, made a written 
proposition to the Governor of the territory, offering the 
second township of the second fractional range, for the pur- 
poses of a college. The Governor, on examination, found 
that Mr. Symmes had sold an undivided moiety of that town- 
ship, for a valuable consideration, in 1788, four years before 
the right to a college township existed ; that the purchaser 
had filed a bill, in the Circuit Court of the United States, for 
the district of Pennsylvania, to obtain a specific performance 
of his contract ; and that the Judge had also sold small por- 
tions of the same township to other persons, who then held 
written contracts for the same, in the form of deeds. As a 
matter of course the township was rejected by the Governor. 



78 ADMINISTRATION OF ARTHUR ST. CLAIR. 

Soon after that occurrence, the subject was brought before 
the territorial Legislature, at the instance of Mr. Symmes, 
who repeated the same offer to them. They also refused to 
receive it, for the same reasons which had been assigned by 
the Governor, as appears from the Journal of that body. A 
similar refusal, for the same reasons, was subsequently made 
by the State Legislature, to whom it was again offered by the 
Judge. Not satisfied with these repeated refusals, in 1802-3 
he offered the same township to Congress, for the same pur- 
pose. His proposition was referred to a committee of that 
body, who, after hearing his own ex parte statement of the 
facts relating to the township, were fully satisfied that it 
could not be held for the purpose for which it was offered ; 
and, therefore, they also refused to receive it. 

It was affirmed in the written communication of Judge 
Symmes to Congress, very correctly, that the Miami Pur- 
chase did not obtain a right to college lands, until the law of 
1792 was passed ; that prior to that time, he had sold large 
portions of every township, in his Purchase, as he had a 
right to do ; that the township he then offered, had not been 
reserved for a college, but to be sold and disposed of, for his 
own benefit ; and that he had sold large portions of it, as 
early as 1788, but that those sales, in Ms opinion, were void. 

Some persons had the charity to believe, that when he first 
proposed that township, for the use of a college, it was his 
intention to purchase out the claimants, which he probably 
might have done, at the time the law passed making the 
grant, on fair and reasonable terms ; but he omitted to do so, 
until that arrangement became impracticable, and until his 
embarrassments rendered it impossible for him to make any 
remuneration to Congress, or to the people of the Miami 
Purchase. 

The delegates representing the territory in Congress, were 
instructed, from time to time, to exert their influence to induce 
the Government to grant a township, in lieu of the one 
which had been lost, but nothing effectual was accomplished, 
until the establishment of a State Government, in 1802-3, 



ADMINISTRATION OF ARTHUR ST. CLAIR. 79 

when a law was passed by Congress, vesting in the Legisla- 
ture of Ohio a quantity of land, equal to one entire town- 
ship, to be located under their direction, for the purpose of 
establishing a college or an academy, in lieu of the township 
already granted for the same purpose, by the act entitled, 
"An act authorizing the grant and conveyance of certain 
lands to John C. Symmes, and his associates." 

In April, 1803, the Legislature of Ohio passed an act, ap- 
pointing Jacob White, Jeremiah Morrow, and William Lud- 
low, Commissioners, to locate the college lands, amounting 
to thirty-six sections ; by virtue of which they selected and 
located them, as they are now held by the Miami University. 
In consequence of the numerous sales that had been made in 
the Miami Purchase, the college lands were, from necessity, 
located west of the Big Miami: river, without the limits of 
the Miami Purchase. 

In February, 1809, the Legislature passed a law, contain- 
ing the following provision, to-wit: "There shall be a Uni- 
versity established and instituted, in manner hereafter to be 
directed, within that part of the country known by the name 
of John Cleves Symmes's Purchase ; which university shall 
be designated by the name and style of the Miami Univer- 
sity." The act then proceeded to describe the powers and 
duties of the corporation, and to appoint Trustees, etc. ; it 
then made a formal grant of all the land vested in them by 
Congress, for the use of the Miami Purchase, to the corpo- 
ration created by that act, and their successors forever, for 
the sole use and benefit of the said University. 

The 17th section appointed Alexander Campbell, the Eev. 
James Killburn, and the Rev. Robert Wilson, Commission- 
ers, to fix on the place for the permanent seat of the Univer- 
sity, in such part of John C. Symmes's Purchase, as an 
eligible place could be found, paying regard to health, etc. 

The 19th section directed the first meeting of the corpora- 
tion to be at Lebanon, in the county of Warren. At the 
time appointed for the meeting of the Commissioners, the 
Rev. Dr. Wilson was detained at home by sickness in his 



80 ADMINISTRATION OF ARTHUR ST. CLAIE. 

family. The other Commissioners, his colleagues, attended, 
and after having examined all the places presented for their 
consideration, including Cincinnati, Dayton, and Lebanon, 
they selected the town of Lebanon, in the county of Warren, 
as the seat of the university, and made their report accord- 
ingly to the Legislature. 

It was then generally understood, that the seat of the in- 
stitution was unalterably fixed, although the citizens of other 
places, who had failed in their applications, were greatly 
disappointed. But at the next session of the Legislature, a 
proposition was made by Mr. Cooper, of Dayton, to establish 
the university on the college lands, without the limits of 
Symmes's Purchase. This proposition was objected to, on 
various grounds. It was contended that the donation was 
originally made to the people of the Miami Purchase, for 
their exclusive benefit ; that the patent of 1792 granted the 
township for the sole intent and purpose of erecting and es- 
tablishing, within that Purchase, an academy, etc. ; that 
the law, subsequently passed in 1803, vested the land in the 
Legislature, for the purpose of an academy, in lieu of the 
township already granted for the same purpose. 

It was further contended, that, by the law of 1809, the 
Legislature had established a university within the limits of 
John C. Symmes's Purchase, and had granted the fee of the 
land, to the trustees of that institution, for its sole and ex- 
clusive benefit ; that they had thus executed their trust, and 
exhausted their power, and that they could not revoke that 
grant, or apply the fund to another institution, established 
without the Miami Purchase. The Legislature, however, 
thought differently, and passed an act, establishing the uni- 
versity on the land, without the limits of John C. Symmes's 
Purchase. That institution is now in a very flourishing 
state, and although the original beneficiaries of the grant have 
been wrongfully deprived of their rights, yet it is now too late 
to relieve them, without great temporary injury to the cause 
of science, and on that account it is desirable that no effort be 
made to disturb the institution, or to check its advancement. 



ORGANIZATION OF THE STATE OF OHIO. 81 



CHAPTER V. 



THE ORGANIZATION OF THE STATE OF OHIO— EDU- 
CATIONAL COMPACTS. 

By the act of April 30, 1802, Congress authorized the 
organization of the State of Ohio, and, among other induce- 
ments for a provision exempting lands sold by the United 
States from taxation for a period of five years, proposed, 
" that the section number sixteen, in every township, and 
where such sections had been sold, granted, or disposed of, 
other lands equivalent thereto, and most contiguous to the 
same, shall be granted to such township for the use of 
schools." 

The Ohio Convention accepted the proposition of Congress, 
but with an important condition, as follows : " Provided, 
The following addition to, and modification of, the said 
propositions shall be agreed to by the Congress of the United 
States, namely : that, in addition to the first propositions secur- 
ing the said section number sixteen, in every township within 
certain tracts, to the inhabitants thereof, for the use of 
schools, a like donation equal to the one-thirty-sixth part of 
the amount of the lands in the United States Military Tract, 
shall be made for the support of schools in that tract ; and that 
the like provision shall be made for the support of schools in 
the Virginia Reservation, so far as the unlocated lands in 
that tract will supply the provision aforesaid, after the war- 
rants issued from said State have been satisfied ; and, also, 
that a donation of the same kind, or such provision as Con- 
gress shall deem expedient, shall be made to the inhabitants 
of the Connecticut Reserve ; that of all the lands which may 
hereafter be purchased of the Indian tribes, by the United 

6 



82 ORGANIZATION OF THE STATE OF OHIO. 

States, and lying within the State of Ohio, the one-thirty- 
sixth part shall be given, as aforesaid, for the support of 
public schools ; that all lands before mentioned, to be appro- 
priated by the United States, for the support of schools, shall 
be vested in the Legislature of said State, in trust for said 
purpose." 

Congress, by act of March 3, 1803, assented, enacting 
(section 1,) that the tracts therein described were " appro- 
priated for the use of schools in the State, and shall, together 
with all the tracts of land heretofore appropriated for that 
purpose, be vested in the Legislature of the State, in trust, 
for the use aforesaid, and for no other use, intent, or purpose 
whatever." The same section proceeds to grant eighteen 
quarter townships, or one-thirty-sixth of the lands in the 
United States Military District, " for the use of schools within 
the same ;" secondly, fourteen quarter townships, also sit- 
uated in the United States Military District, " for the use of 
schools in that tract commonly called the Connecticut Re- 
serve ;" thirdly, " so much of the Virginia Military Reserva- 
tion, to be selected by the Ohio Legislature from unlocated 
lands therein, as would amount to one-thirty-sixth of the whole 
tract ;" and, fourthly, (which is the last clause of the first 
section,) " one-thirty-sixth part of all the lands of the United 
States lying in the State of Ohio, to which the Indian title is 
not extinguished, which may hereafter be purchased of the 
Indian tribes by the United States, which thirty-sixth part 
shall consist of section sixteen, in each township, if the same 
shall be surveyed in townships of six miles square ; and 
shall, if the lands be surveyed in a different manner, be 
designated by lots." The second section declared, " that the 
several appropriations for schools, made by the preceding 
section," were " in conformity to, and in consideration of, 
the conditions agreed on by the State of Ohio, by the ordin- 
ance of the Convention of the State, bearing date the 29th 
day of November, 1802." 

In order that the territorial divisions, above alluded to, 
may be fully understood, the Ohio State School Commissioner, 



EDUCATIONAL COMPACTS. 83 

Hon. H. H. Barney, in his first annual report, presented 
a synopsis on this subject, which is no less minute than 
instructive. In what follows, an acknowledgment of indebt- 
edness to his sketch of the irreducible funds of the States, is 
freely tendered. 

By act of March 2, 1807, Congress appropriated eighteen 
quarter townships, and three sections, to be selected by lot, 
from lands lying between the United States Military Tract 
and the Western Reserve, for the use of schools in the Virginia 
Military Reservation — thus removing a restriction contained 
in the act of 1803, which confined their selection to the Vir- 
ginia Military District. In return, the State of Ohio released 
to the United States the thirty-sixth part of the tract first 
designated, accepting the above grant in lieu thereof. It 
may be well to add that the Virginia Military District, (or 
the tract between the Scioto and Little Miami, reserved by 
Virginia from her cession of the territory north-west of the 
Ohio river, for the satisfaction of land bounties issued to her 
troops upon Continental establishment,) may be traced upon 
a township map of Ohio, as follows : It includes the whole 
of Adams, Brown, Clermont, Clinton, Fayette, Highland, 
Madison, and Union Counties ; half of Hardin, or Taylors- 
ville, Hale, and Dodley townships, and a large portion of 
Roundhead ; part of a single township (Goshen) in Auglaize ; 
one half of Logan, or Rush Creek, Bokengehelas Creek, 
Jefferson, Perry, Zane, and Goshen townships, with large 
fractions of McArthur, Monroe, and Lake, and a smaller por- 
tion of Stokes ; one quarter of Champaign, or "Wayne, Rush, 
and Goshen townships, with a large part of Union, and a less 
fraction of Salem ; the north-east and south-east extremities 
of Clark, being the eastern portions of Pleasant and Har- 
mony, and the southern portions of Madison and Greene 
townships ; three-fourths of Greene, or all of the county except 
Bath and Beaver's Creek townships, and those portions of 
Miami and Xenia which lie west of the Little Miami river ; 
two-fifths of Warren, or Hamilton, Salem, Washington, and 
part of Wayne townships ; a single township, (Anderson,) at 



84: ORGANIZATION OF THE STATE OF OHIO. 

the south-east angle of Hamilton ; two-fifths of Scioto, namely: 
Nile, Washington, Union, Brush Creek, and Morgan town- 
ships ; three-fifths of Pike, namely : Camp Creek, Sunfish, 
Mifflin, Perry, Preble, Benton, Peepee, and the west half 
of Jackson townships ; two-thirds of Ross, namely : Franklin, 
Huntington, Paxton, Scioto, Twin, Paint, Buckskin, Con- 
cord, Union, and Deerfield townships; two- thirds of Pick- 
away, namely : Wayne, Deer Creek, Perry, Jackson, Monroe, 
Muhlenberg, Darby, and Scioto ; seven of the nineteen town- 
ships of Franklin, namely : Jackson, Pleasant, Prairie, Frank- 
lin, Norwich, Brown, and Washington ; a narrow belt along the 
west line of Delaware, to-wit : the townships of Thompson 
and Scioto, and a fraction of Concord ; and, finally, the two 
south-western townships of Marion, namely: Green Camp and 
Bowling Green — to the place of beginning, " in a large, wet 
prairie, or swamp," whence flow, in opposite directions, the 
Scioto and Great Miami toward the Gulf of Mexico, and the 
Auglaize northwardly to its junction with the Maumee or Miami 
of Lake Erie. The sale of the school lands allotted to the in- 
habitants of the Virginia Military District, occurred in pursu- 
ance of acts passed by the General Assembly, in 1827 and 1828. 
The United States Military District, so frequently men- 
tioned in the present connection, was appropriated, by an act 
of Congress, in 1796, to satisfy the land bounties granted by 
the Continental Congress to the officers and soldiers of the 
revolution. It was bounded as follows : "Beginning at the 
north-west corner of the original seven ranges of townships,* 

* The ordinance of the Continental Congress which first provided for 
the disposition of lands north-west of the river Ohio, passed May 20, 
1785, resulted in the survey of the Seven Ranges, which are hounded on 
the north by a line drawn due west from the Pennsylvania State line, 
where it crosses the Ohio river, for the distance of forty-two miles ; thence 
south to the Ohio river at the south-east corner of Marietta township, and 
thence up the river to the place of beginning. This tract comprises all of Jef- 
ferson, Harrison, Belmont, and Monroe counties, most of Carroll, and small 
portions of Columbia, Tuscarawas, Guernsey, Noble, and Washington, 
along their eastern boundaries. 



EDUCATIONAL COMPACTS. 85 

and running thence fifty miles due south, along the western 
boundaries of the said range ; thence due west, with [to f] 
the main branch of the Scioto river; thence up the main 
branch of the said river, to the place where the Indian bound- 
ary line crosses the same ; thence along the said boundary 
line, to the Tuscarawas branch of the Muskingum river, at 
the crossing place above Fort Laurens ; thence up said river, 
to a point where a line run due west from the place of begin- 
ning, will intersect the said river ; thence along the said line 
to place of beginning." The language here quoted, is from 
the act of June 1, 1796, and is, geographically, inaccurate ; 
for when the old Greenville line (the Indian boundary men- 
tioned) reaches the site of Fort Laurens, (near the villages of 
Calcutta, on the southern border of Stark, and of Bolivar, in 
Tuscarawas counties.) there is no need of ascending the Mus- 
kingum to reach a point due west from the place of begin- 
ning. A few miles from the site of Fort Laurens, directly 
east, connects with the north-east corner of the seventh range 
of townships. The act further directed this tract to be sur- 
veyed into townships of five miles square ; and these were 
afterward surveyed into quarter townships of two and a half 
miles square, containing 4,000 acres each. Consequently, 
the grant to the United States Military District of eighteen 
of these quarter townships, contained in the act of 1803, 
amounted to 72,000 acres, or about one-thirty-fourth of the 
whole extent of the District. The appropriation to the Con- 
necticut Reserve, by the same act, of fourteen quarter town- 
ships, or 56,000 acres, was, of course, inadequate ; while the 
subsequent allotment of eighteen quarter townships, and 
three sections within this tract, for the benefit of the Virginia 
Military District, may have amounted, together with other 
locations made between the Scioto and Little Miami, from 
1803 to 1807, to the proportion of one-thirty-sixth of the 
lands in the latter tract. 

The school lands originally granted to the United States 
Military District, remained under lease until 1827-8, when 
the inhabitants were authorized to vote their consent to sell 



86 ORGANIZATION OF THE STATE OF OHIO. 

them, which was done, and their proceeds now constitute a 
portion of the irreducible fund. The district entitled to a 
uniform division of their yearly income, may thus be de- 
signated on the map of Ohio: The whole of Coshocton 
county, and the following fractions, greater or less, of the 
adjacent counties of Tuscarawas, all except most of "Warren 
and Union, and smaller portions of Will and Rush town- 
ships ; of Guernsey, all except Londonderry and Oxford on 
the eastern, and Spencer on the southern border ; of Noble, 
sections 10, 20, 21, and 22, in township one, range one, west 
of the seven ranges ; of Muskingum, whatever lies north of 
the latitude of Zanesville, namely : Union, Perry, "Washington, 
Falls, Hopewell, Highland, Salem, Muskingum, Licking, 
Monroe, Adams, Madison, Jefferson, and Jackson ; of 
Holmes, all but "Washington and Ripley, and portions of 
Prairie, Salt Creek, Paint, Knox, and Monroe; of Licking, 
all but Etna and Bowling Green, and parts of Union and 
Licking, which constitute its southern border ; of Knox, all 
but a narrow wedge extending from west to east, along the 
northern line of Middlebury and Berlin ; about half of Morrow, 
namely: Chester, Bloomfield, Harmony, Bennington, Penn, 
Lincoln, Westfield, and part of Franklin townships ; most of 
Delaware, all except the narrow belt west of the Scioto ; and 
of Franklin, the north-eastern townships of Jefferson. Mifflin, 
Clinton, Plain, Blendon, Sharon, and Perry. 

The donation of 56,000 acres, for the use of schools on the 
Western Reserve, was probably one-thirty-sixth of the land 
east of the Cuyahoga river ; but when, in 1805, the Indian 
title was extinguished by the treaty of "Fort Industry, on 
the Miami of the Lake," east of the meridian line drawn 
from Lake Erie along the western limit of the Connecticut 
Reserve, and thence south to the Greenville line, it became 
the duty of Congress to furnish a due proportion of school 
land for the remainder of the Reserve, which was estimated 
by a memorial of the Ohio Legislature, dated January 21, 
1827, to be 43,000 acres. It was not, however, until June 
19, 1834, that an act of Congress was passed, directing the 



EDUCATIONAL COMPACTS. 87 

President of the United States to reserve from sale, public 
lands in Ohio, sufficient, in addition to the grant of 1803, to 
constitute one-thirty-shrth of the area of the Western Reserve, 
for the use of schools. Under this act, it was ascertained 
that the State of Ohio became entitled to 37,758 acres, most 
of which was located in the counties of Defiance, Henry, 
"Williams, Paulding, Yanwert, and Putnam ; in 1848, the 
people of the Western Reserve, by a vote authorized by the 
General Assembly, decided in favor of their sale ; in 1850, 
provision was made for their appraisement and sale, and the 
lands in question are now generally disposed of. An income 
of six per cent, upon their net proceeds, is paid to the coun- 
ties of Ashtabula, Trumbull, Lake, Geauga,' Portage, Cuya- 
hoga, Medina, Lorain, Huron, and Erie ; to ten townships of 
Mahoning, namely : Berlin, Ellsworth, Canfield, Boardman, 
Poland, Milton, Jackson, Austintown, Youngstown, and Coits- 
ville ; to all of Summit, except Franklin and Greene town- 
ships ; to three townships of Ashland, namely : Ruggles, Troy, 
and Sullivan ; and the eastern extremity of Ottawa, consist- 
ing of Danbury township, and a portion of the Bass islands 
in Lake Erie. 

The Moravian school fund also requires some explanation. 
Congress, at an early day, granted three tracts of 4,000 acres 
each, to the Society of United Brethren, for propagating the 
Gospel among the heathen, in trust for the Christian Indians 
of the Muskingum. These tracts included the missionary 
stations of Schcenbrunn, Gnattenhutten, and Salem, in Tus- 
carawas county, and were re-conveyed in 1824, to the United 
States, in consideration of certain provisions for the benefit 
of the Society, and the remnant of Indians then surviving. 
By an act of Congress, passed the same year, the Secretary 
of the Treasury was allowed to set apart, from the sale of 
these lands, one lot, not exceeding one-thirty-sixth part of 
each tract, the title being vested in the Legislature of Ohio, 
in trust for the use of schools, in the same manner that other 
lands have been granted for that purpose. 

By a communication from Hon. F. M. Wright, the Auditor 



88 ADMINISTRATION OF EDWARD TIFFIN. 

of State, it appears that the total amount of payments 
into the State treasury on the sum constituting the school trust 
fund, or the bulk of the " irreducible debt of Ohio," was as 
follows : 

Virginia military school fund $152,495 54. 

United States " " 120,532 41. 

Western Eeserve " " 254,027 64. 

Section sixteen 1,722,241 92. 

Moravian 3,160 58. 

$2,252,458 09. 

The State receives these funds as a perpetual loan, and 
pays an annual interest of six per cent, thereon, for distribu- 
tion in the localities entitled to the proceeds. 

In order fully to understand the concurrent legislation by 
Congress and the State of Ohio, in 1802, subsequent enact- 
ments have been anticipated, thereby relieving a merely 
chronological summary ; but the latter form of narrative has 
its advantages ; and it is now proposed to continue, in the 
ensuing chapters, the educational annals of the State of 
Ohio daring its earliest periods. 



CHAPTER VI 



ADMINISTRATION OF EDWARD TIFFIN— 1803-1807. 

TnE earliest State Legislature, as well as that of the terri- 
tory, indicated sanguine expectations that the land donations 
of Congress would be adequate to sustain schools, including 
a higher grade of institutions. This is apparent from the 
Bill of Rights, article viii, section 25, of the Constitution 
of 1802 : 

" That no law shall be passed to prevent the poor, in 
the several counties and townships within this State, from an 
equal participation in the schools, academies, colleges, and 



ADMINISTRATION OF EDWARD TIFFIN. 89 

universities within this State, which are endowed, in whole or 
in part, from the revenue arising from donations made by 
the United States, for the support of schools and colleges; 
and the doors of the said schools, academies, and univer- 
sities, shall be open for the reception of scholars, students, 
and teachers, of every grade, without any distinction or 
preference whatever, contrary to the intent for which said 
donations were made." 

A prior clause of the same article, (section 3,) had de- 
clared, in language made familiar by frequent citation, that 
" religion, morality, and knowledge, being essentially neces- 
sary to good government and the happiness of mankind, 
schools, and the means of instruction, shall forever be 
encouraged, by legislative provisions, not inconsistent with 
the rights of conscience." 

In the first message of Governor Edward Td?fin, March 
4, 1803, he congratulates the General Assembly, that " the 
liberal grants of land made by the United States, for the 
purpose of erecting and endowing universities and other 
seminaries of learning, and for the support of religion, are 
advantages, in these respects, superior to those which, per- 
haps, any other country can boast of." 

Legislation speedily followed ; and, as a contrast to the 
subsequent disposition of school lands, it may be well to 
reproduce the first law enacted by the General Assembly of 
Ohio, in regard to the fund arising from the proceeds of 
section sixteen, (see Ohio Laws, vol. I, p. 61, chapter xix): 

" An Act to provide for the leasing of certain lands therein 
named. 

"Section 1. Be it enacted by the General Assembly of 
the State of Ohio, That the lands granted for the support of 
schools, in the several parts of the State, shall be let, on 
lease, for the purpose of improving the same, and thereby 
rendering them productive, that the profits arising therefrom 
may be applied to the support of schools, according to the 
true intent and meaning of the original donation, and the 
several laws of the United States, reserving, granting, and 
appropriating; the same. 

u Sec. 2. That all the lands lying within the United States 
Military Tract, which have been appropriated for the use 



90 ADMINISTRATION OF EDWARD TD7FIN. 

of schools, shall be let to lease for any term not exceeding 
fifteen years ; and, that section number sixteen, in all other 
parts of the State, (except such as have been heretofore 
leased by persons legally qualified to lease the same,) and 
the sections that shall be located in lieu of such as have been 
sold or otherwise disposed of, by the United States, so soon 
as they shall be selected by the Secretary of the Treasury, 
shall be let to lease, for any term not exceeding seven years. 

"Sec. 3. That on each tract of land, consisting of one hun- 
dred and sixty acres, or more, there shall be required the fol- 
lowing improvements, to- wit: Fifteen acres cleared, and 
fenced in separate fields or parcels, one parcel or lot of which 
to consist of five acres, with all the timber and other wood 
cut and cleared off, and sowed down in timothy or red clover 
seed, and another lot, of three acres, cut and cleared in the 
same manner, and planted with one hundred thrifty and 
growing apple-trees, and the remaining tract, of seven acres, 
cleared and prepared for cultivation, in the ordinary manner 
of improving arable land : Provided always, That the per- 
son or persons to whom any of the said lands are leased, shall 
be obliged to complete the same improvements on all lands 
leased for fifteen years, within the time of the first twelve 
years of the same, and on all lands leased for seven years, 
within the time of the first five years of the said lease. 

"Sec. 4. That it shall be the duty of the Governor, and he 
is hereby required, to appoint suitable persons in the several 
counties or districts in the State, with full power and author- 
ity to lease the several tracts of land within his county or 
district, conformably to the terms and provisions of this act : 
Provided always, That the Agents or Commissioners, ap- 
pointed as aforesaid, shall not lease out any of the said lands 
in tracts less than one hundred and sixty acres, nor larger 
than three hundred and twenty acres, except in cases of frac- 
tional sections : And provided also, That it shall be the duty 
of said Agents or Commissioners, before they proceed to 
lease any of the said lands, to make application to the Sur- 
veyor General, for a list of such part or parts of the same as 
have been leased under the authority of the United States, in 
their respective districts or counties. 

"Sec 5. That each of the said Agents shall be, and is 
hereby, entitled to receive, for each lease, the sum of two 
dollars ; to be paid by the said lessees respectively. 

"Sec. 6. That it shall be the duty of the several Agents, 
within sixty days after being notified of their appointments, 
to give notice, in one or more newspapers, printed, or in 



ADMINISTRATION OF EDWAKD TIFFIN. 91 

circulation in the county, or by advertisement set up in three 
or more public places, expressing the terms for which the lands 
within his county or district are to be leased ; and he shall, 
moreover, enter in a book, to be by him provided and kept 
for that purpose, the name of each person that shall apply for 
a lease; designating at the same time, the number, and part 
of the section applied for, and the term of years for which 
the applicant proposes to make the improvements required 
by the third section of this act ; and in forty-two days after 
such application, if no other person shall apply for the same, 
and propose to take a lease on a shorter term, the said Agent 
shall proceed to make out a duplicate lease, to the said first 
applicant, one part of which shall be retained in the hands 
of the Agent ; but if any succeeding applicant shall propose 
to take the same for a shorter space of time, then, and in 
that case, the lease shall be made to the person proposing to 
take the same on the shortest term : Provided always, That 
if two or more persons shall apply at the same time, and on 
the same terms, for any one tract, then the said Agent shall 
determine, by lot, in their presence, the priority of claim : 
And provided also, That leases shall be given to persons 
living on the land, if such persons shall apply for the same, 
on as short term as any other applicant, at any time within 
the forty-two days, notwithstanding such persons shall not be 
the first applicants. 

"Sec. 7. That it shall be the special duty of the said 
Agent to inspect and inquire into any waste or trespass that 
may be committed on any of the aforesaid lands, by cutting 
and carrying away timber or stone, or any other damage that 
may be done to the same, whether by persons residing 
thereon, or others ; and the said Agent is hereby authorized 
and required, where, in his opinion, any waste or trespass 
has been committed, to proceed against the person or persons 
committing said waste or trespass, according to law : Provi- 
ded always, That no person residing on any of the said 
lands shall be liable to damages for cutting timber or remov- 
ing stone for any necessary or useful improvement made on 
the same. 

"Sec 8. That actions for waste or trespass, shall be sus- 
tained by the Agent, and the damages recovered shall be, 
one-half to the use of such Agent, and the other half to be 
applied to the same purposes as the net proceeds of the land 
on which the damage was sustained ; and the Agent for these 
lands in the United States Military Tract, which are appro- 
priated to the use of schools in the county of Trumbull, shall 



92 ADMINISTRATION OF EDWARD TIFFIN. 

receive such compensation for his services rendered, in 
pursuance of the seventh section of this act, as the Court of 
Common Pleas for said county of Trumbull shall allow, to be 
paid out of the county treasury. 

u Seo. 9. That section number twenty-nine, in the several 
townships within Judge Symmes's patent shall be let to lease 
by the same persons, on the same terms, and under the regu- 
lations and restrictions of the aforesaid sections number 
sixteen. Michael Baldwin, 

Speaker of the House of Representatives. 
Nath. Massds, 

A '11^ 1S03 Speaker of the Senate. 

Of the same date with the foregoing, was an act incorpo- 
rating David Hudson, Eliphalet Austin, Henry Champion, 
John Leavitt, Martin Smith, Ephraim Root, Herman Can- 
field, John Walworth, John S. Edwards, William Hart, 
Turhand Cutland, Solomon Griswold, and the Rev. Joseph 
Badger, and their successors, as Trustees of the " Erie Literary 
Society ;" a representation having been made to the General 
Assembly, as stated in the preamble, "by certain persons 
associated under the name of ' Erie Literary Society,' that a 
number of proprietors of land, within the county of Trum- 
bull, (then embracing the whole Western Reserve), are de- 
sirous to appropriate a part thereof to the support of a sem- 
inary of learning, within said county," etc. Subsequent sec- 
tions defined the powers of the Trustees, in accepting such 
grants, leasing the same, erecting buildings, appointing " a 
president and instructors," naming a Treasurer, and receiving 
a bond from him ; and how process should be served on said 
Corporation, namely: "by summons, leaving an attested 
copy thereof, at least twenty days before the return, with the 
Treasurer." The president, professors, trustees, and instruct- 
ors of said seminary were empowered to direct the mode and 
course of education to be pursued therein, to establish rules 
for the government of the students, which should be in force 
until disapproved of by the Corporation, and to confer all the 
degrees and honors usually granted by similar institutions. 
David Hudson was authorized to summon the first meeting 



ADMINISTRATION OF EDWARD TIFFIN. . 93 

of the Corporation. The seventh and last section was 
adopted from the territorial act organizing the University at 
Athens, to-wit : " That the Legislature of this State may 
grant any further and greater powers to alter, limit, or 
restrain, any of the powers by this act vested in the said 
Corporation, as shall be judged necessary to promote the 
best interest and prosperity of the said seminary." 

The General Assembly still, on the 16th of April, 1803, by 
joint resolution, appointed Samuel Carpenter, James Wells, 
and Henry Abrams, Commissioners, to " appraise the land 
included within the two college townships, in the county of 
Washington, (Ohio Company's Purchase,) at its real value 
in its original and unimproved state ; to divide and value 
said land into four different qualities, or rates, and make 
return of the quantity contained in each division, as near 
as may be, and the value thereof, to the next General 
Assembly, on oath." They were also required to return the 
present value of the land, including houses and clearings. 
By another resolution, the Trustees under the territorial act 
" establishing a university in the town of Athens," were 
required to report what measures they had taken to cany 
its provisions into operation. 

At the second session of the General Assembly, com- 
mencing December 5, 1803, the only enactment of educational 
interest was a revision of the " act establishing a university 
in the town of Athens." Its name was changed from the 
" American Western University" to the " Ohio University." 
The persons designated as Trustees, who were to be not 
more than fifteen, nor less than ten in number — were Elijah 
Backus, Rufus Putnam, Benjamin Tappan, Bazaleel Wells, 
Nathaniel Massie, Daniel Symmes, Daniel Story, Samuel 
Carpenter, Rev. James Kilbourne, Griffin Green, and the 
Governor of the State, ex officio ; the territorial act was 
repealed, but all its provisions, except those directing the 
disposition of the lands, were retained in the new act ; and 
the Governor was instructed to summon the re-organized 



94 ADMINISTRATION OF EDWARD TIFFIN. 

Corporation to their first meeting. The two sections relating 
to the disposition of the land endowment, were as fol- 
lows : 

" Section 12. And he it further enacted, That one or 
more of the aforesaid Trustees (to be appointed by the Board 
for that purpose) shall, within six months from the passage 
of this act, proceed (by the oath of three disinterested and 
judicious freeholders) to lay off the lands in said townships, 
(those included in the town of Athens excepted,) or such part 
thereof as they may deem expedient, into tracts of not less 
than eighty nor more than two hundred and forty acres, and 
to estimate and value the same as in their original and un- 
improved state, (for which service such compensation shall be 
allowed as the Trustees shall think reasonable, to be paid out 
of the funds of the university,) aud having thus laid off and 
estimated said lands, the Trustees after giving four weeks 
notice in the newspaper printed at Marietta, shall proceed to 
make out leases of the said tracts to such of the present occu- 
pants as shall apply for the same, within three months after 
such notice given, and to all persons that shall apply here- 
after, for the term of ninety years, renewable forever, on a 
yearly rent of six per centum on the amount of the valuation so 
made by the said freeholders ; and the land so leased shall be 
subject to a re-valuation, at the expiration of thirty-five 
years, and to another at the expiration of sixty years, 
from the commencement of the term of each lease ; which 
re-valuation shall be conducted and made on the principles 
of the first, and the lessee shall pay a yearly rent of six per 
centum, on the amount of the re-valuation so to be made, and 
forever thereafter, or a yearly rent equal to, and not exceed- 
ing, six per centum of the amount of a valuation to be made, 
as aforesaid, at the expiration of the term of ninety years 
aforesaid, (which valuation the Trustees and their successors 
are hereby authorized and directed to make :) Provided, 
however, That such last-mentioned rent shall be subject to 
the following regulations, to-wit: at the expiration of the 
aforesaid period of ninety years, three referees shall be ap- 
pointed, the first by the Corporation of the university ; the 
second by the lessees, under the provisions of this section 
of this act, and the third by the two referees thus chosen, or 
(in case either or both of the parties shall neglect to choose an 
umpire,) the General Assembly, at its next session, shall ap- 
point such number of referees, not exceeding three, as the case 
may require ; which referees shall meet within a reasonable 



ADMINISTRATION OF EDWARD TIFFIN. 95 

time, to "bo agreed on between them, at the town of Athens, and 
then and there determine on and declare the medium price, 
per bushel, of the article of wheat ; which determination 
shall be grounded on a calculation of the average price of 
said article, at the town of Marietta, for the five preceding 
years ; which declaration shall be made in writing, and 
entered of record on the books of the Corporation ; and at the 
commencement of each and every succeeding period of twenty 
years thereafter, the amount of rent of such period shall be 
fixed on and determined by referees, to be chosen upon the 
principles herein-before directed, from a comparison of the 
aforesaid recorded price of wheat, with its average price at 
Marietta, for the five years which shall have been then last 
past ; in which leases shall be reserved a right of distress, 
and of re-entry, for non-payment of rent, at any time after it 
shall have been due two months : Provided always, That 
the said Corporation shall have power to demand a further 
yearly rent on the said lands and tenements, not exceeding 
the amount of the tax imposed on property of like descrip- 
tion by the State, which rents shall be paid at such time and 
place to such person, and collected in such manner, as the 
Corporation shall direct. 

" Sec. 13. That the Trustees shall lay off the aforesaid 
town of Athens, conformably to a plan made out by Rufus 
Putnam and others, in pursuance of a resolution of the ter- 
ritorial Legislature, of the eighteenth of December, one thou- 
sand seven hundred and ninety-nine, with such variations, 
however, as they may find it expedient to make ; and the 
same being thus laid off, and a plat of the same, with a des- 
ignation of the uses of the several parts, recorded in the office 
of the Recorder of the proper county, and six weeks pre- 
vious notice given in at least two of the newspapers of this 
State, may proceed to sell, from time to time, at public auc- 
tion, such of the house and out lots as they may think 
proper, for which lots, on payment being made, or satisfac- 
tory security given, according to the conditions of such sale, 
they shall execute to the purchasers, respectively, leases for 
the term of ninety years, renewable forever on an annual rent, 
equal to and not exceeding, six per cent, of the amount of the 
purchase money, which lots, with the improvements which 
may be made on the same, shall be subject to such further 
yearly rent as may be equal to the tax imposed, from time to 
time, on property of like value and description, by the State ; 
and they are likewise authorized to deliver a reasonable com- 
pensation for the improvements which have been made on 



96 ADMINISTRATION OF EDWARD TDJFIN. 

lands within the town of Athens, to be paid out of i f he funds 
of the university." 

The subject of schools was a prominent topic of Governor 
Tiffin's message, at the opening of the third session of the 
General Assembly, December 4, 1804. His suggestions an- 
ticipated so distinctly the future policy of the State, that this 
part of his message is given in his own words : 

"The acknowledged maxim, 'that knowledge is, in every 
country, the surest basis of public happiness,' is strikingly 
exemplified by contrasting the situation of the people of 
these United States with those of other governments, where 
its diffusion is neglected, or is beyond the reach of the lower 
classes of the people ; for, however just the observation may 
be, that governments are instituted for the benefit of the gov- 
erned, yet, if they have not the means of acquiring a knowl- 
edge of their rights, they will never feel their value, and, 
consequently, not be careful to guard against their invasion. 
They can not discern between oppression and the exercise of 
lawful authority — between burdens imposed from a regard 
to the public wants, and those which might be imposed in- 
sidiously, and under color thereof, to accomplish the means 
of wresting from them every vestige of liberty. The great 
resources of lands, which this State possesses for the support 
of schools and other seminaries of learning, afford the Leg- 
islature a sublime employment, inasmuch as the benefits, 
which may result therefrom, will have their effects in the 
continued support of the best government in the world, truly 
styled, ' its best hope ; ' and which, while correctly adminis- 
tered, is eminently calculated to promote public and individ- 
ual happiness, as well as extending the civil and religious 
blessings we enjoy, to future generations. 

"These observations will naturally lead you to inquire 
whether any, and if any, what improvements are necessary 
to the act entitled, ' an act establishing a university in the 
town of Athens.' Under this act, a quorum of the Trustees 
met in June last, and so far as their powers extended, carried 
it into effect ; a committee of two members of the Board was 
appointed to superintend the surveying of such part' of the 
two townships of land, which were appropriated for the uni- 
versity, as might be applied for by those willing to become 
lessees ; also, to superintend the sales of a small part of the 
town and out lots, which were designated by the Board to be 
sold as an experiment; and in exhibit No. 1, I lay before 



ADMINISTRATION OF EDWAKD TIFFIN. 97 

you a communication from Gen. Putnam,* one of the commit- 
tee, which shows that the prospects are flattering ; but it 
is necessary to observe, from actual observation, when' 
there, and from information derived from intelligent charac- 
ters since, that the settlers on these lands were induced to 
apply for leases, under an impression that the Legislature 
would review the law, and be governed by a more liberal 
policy. Should it be thought that these lands ought to be 
valued at a generous price, once for all, and leases be author- 
ized to issue upon the payment of the legal interest yearly, 
there can be no doubt but that they would soon be all occu- 
pied, and from the sales of the town and out lots, a sufficient 
sum would be raised to erect such public buildings as may be 
immediately wanted ; and that the rents of the lands and 
lots would be sufficient to support the university, answer every 
purpose for which the donation was originally made, and the 
State be immediately benefited by the institution. 

"It is further thought, that it would greatly enhance the 
demand for those lands and town lots, as well as prepare the 
way for the accommodations and comforts of the youths who 
may be sent to the university, if a new county was erected, 
and its seat established at Athens, which may conveniently 
be done, without injury to those adjacent, and which the con- 
venience of that part of the country imperiously requires. 

"But few of the school sections are yet leased under the 
' act to provide for the leasing of certain lands therein named,' 
and it is presumed for want of observing a more liberal pol- 
icy ; for where the means of acquiring a fee simple to lands 
are so easy, and almost within the reach of all, but few will 
be induced to improve lands not their own, without sufficient 
compensation ; and these lands, which ought to be brought 
into a state of productiveness as soon as possible, will be 
suffered to lie either in a state of nature, or be pillaged of 
their timber, to the great injury of the public." 

On the 20th of February an act passed, to take effect June 
1, 1805, which repealed the provisions for leasing section 
sixteen contained in the act of April 16, 1803. The Trustees 

* Gen. Piufus Putnam and Col. Samuel Carpenter, were the committee 
referred to. The former wrote to Gov. Tiffin, Nov. 6, 1804, that the sales 
of the house and out lots of the town of Athens, amounted to $2,223.50; 
average of house lots, $43.33i^ ; of out lots $39. In the south town- 
ship, seventy-five tracts, or 11,000 acres, were applied for. In the north 
township, under the superintendence of Col. Carpenter, Gen. Putnam was 
not informed fully ; but in August previous, seventy-five applications 
for leases, covering 8,670 acres, had been made. 

7 



98 ADMINISTRATION OF EDWARD TIFFIN. 

of the townships, severally, were required to apply the net 
proceeds " to the education of youths within the particular 
surveyed township or fractional township wherein the sec- 
tion was situated, in such manner that all the citizens resi- 
dent therein might be equal partakers of the benefit thereof." 
They were directed to lease lots of not less than eighty, or 
more than two hundred acres to those making the most ad- 
vantageous proposals after a prescribed notice of thirty days ; 
but no lease was to be granted for a longer time than fifteen 
years. They were not to lease more than one lot to any one 
person, and the lessee was bound not to waste or destroy the 
timber or sugar-camps thereon, and to make such improve- 
ments as might be prescribed. As yet no power of sale was 
given, but only to lease. 

At this session, February 22d, William Creighton, jr., Jo- 
seph Buell, Benjamin Tupper, Jacob Linley, and Michael 
Baldwin, were appointed Trustees of Ohio University ; and, 
in accordance with Governor Tiffin's recommendation, by an 
act passed February 21, 1805, James Denny, Emanuel Car- 
penter, jr., Isaac Dawson, Relotiah White, and Ezekiel Den- 
ning, were appointed to appraise the two university town- 
ships, " at the present real value as in its original and uncul- 
tivated state, and make report thereof to the Board of Trus- 
tees of the said University ; " and the said Trustees were di- 
rected to lease the same to any persons who had or might 
apply, agreeable to law, for the term of ninety-nine years, 
renewable forever, with a fixed annual rent of six per centum 
on the appraised valuation, but in no case below one dollar 
and seventy-five cents per acre. Whatever legislation of the 
previous session was contrary to this, was repealed. 

In the year 1805, February 21st, occurred the first library 
incorporation. Rev. William Robertson, John Elliott, and 
William Miller, were recognized as the first Directors, Ben- 
jamin Van Cleve, Librarian, and John Fulkirth, Treasurer, of 
the " Dayton Library Society." 

At the fourth session of the General Assembly, an act was 
passed, January 2, 1806, " to incorporate the original 



ADMINISTRATION OF EDWARD TIFFIN. 99 

surveyed townships." The county Commissioners were 
required, as soon as there were twenty electors in any original 
surveyed township, or fraction, on their application, to ap- 
point an election of three Trustees and a Treasurer, who, 
when chosen, were incorporated, and succeeded to all the 
powers and duties in respect to school lands, which had 
previously been imposed upon the Trustees of civil town- 
ships. These officers were elected for two years ; the 
Treasurer was prohibited from paying any of the rents and 
profits arising from section sixteen, "but upon the order 
of the Trustees ;" and was directed to " keep a book, with 
fair and accurate entries of all moneys received, together with 
a list of the disbursements, and carefully file the vouchers in 
relation thereto ;" but if the rents and profits were in produce, 
the Trustees were to direct how they should be disposed of; 
and, in the following section is found the first legislative refer- 
ence to the sub-district, now so prominent a feature of the 
school organization of the State. 

" The Trustees are hereby authorized, so soon as they may 
think necessary, to lay off said townships into proper 
divisions, and the same to alter, from time to time, as they 
shall think proper, for the purpose of establishing schools 
therein ; which divisions shall be laid off in such manner as 
shall best suit the interest and convenience of the inhabitants ; 
and each division thus laid off shall receive a fair and equita- 
ble dividend of the profits arising from their reserved section, 
according to the number of inhabitants contained therein." 

The following section was new and important : 

" Every surveyed township and fractional township afore- 
said, in this State, that has a county line running through 
the same, shall be considered, as it respects number sixteen, 
in the same situation as though no such interference had 
taken place ; and any suits or actions, that may take place 
between the Trustees of such townships in their corporate 
capacity, and individual or individuals, or body corporate, 
shall be tried and determined in the county where the 
reserved section lies ; and the officer appointed to serve 
process in such cases, shall have full power to go any where 
throughout the township, in execution of bis official duty, in 



100 ADMINISTRATION OF EDWARD TIFFIN. 

the same manner as though no such division line had 
ever existed." 

This corporate organization exists to this day ; but at the 
date of the above enactment, the Trustees had no greater 
power of disposition than their predecessors, namely, to lease 
tracts of from eighty to two hundred acres for fifteen years. 

At the fifth session of the General Assembly, January 26, 
1807, Timothy Eose, Timothy Spelman, Elias Gilman, 
Samuel Thrall, Jacob Case, Samuel Rose, Samuel Bancroft, 
John Duke, Hiram Eose, and Jeremiah E. Munson, and 
their successors, were incorporated as the " Granville Alexan- 
drian Society," (denominated, in the title of the bill, a 
"Library Society,") with power to hold any estate, real 
or personal ; and the same to sell, grant, or dispose of, or 
bind by mortgage, or in such other manner as they shall deem 
most proper for the best interest of the Corporation." The 
manner in which this act was subsequently perverted, belongs 
to the financial history of the State. 

At this session, the " Cincinnati University" was incorpo- 
rated, (January 23, 1807,) with the following list of Corpora- 
tors : John S. Gano, Joseph Van Horn, Matthew Nimmo, 
William Stratton, Jacob Burnet, James Ewing, Thomas 
Ramsay, Ethan Stone, Elmore Williams, David E. Wade, 
John Eiddle, Stephen Wood, William McFarland, Joseph 
Delaplaine, Elias Glover, Isaac Anderson, Charles Kilgore, 
James Ferguson, Joel Craig, Henry Disbrow, Jacob Wil- 
liams, William Betts, David Christy, Martin Baum, Edward 
H. Stall, William Eamsay, David L. Carny, Thomas Dugan, 
John O. Ferrill, Nehemiah Hunt, Ezekiel Hall, Thomas 
Stanberry, Joseph Prince, Daniel Symmes, Hugh Moore, 
Hugh McClelland, Eobert Caldwell, John Bradburn, Alexan- 
der King, John W. Browne, Simon Stockdill, Samuel Patter- 
son, John Smith, Isaac Dexter, Philip Eice, William 
Wallace, Joel Williams, and their associates.* 



* The motive for preserving these lists of names, is the fact that they 
generally furnish a memorial of citizens prominent as literary men in their 
respective localities. 



ADMINISTRATION OF EDWARD TIFFIN. 101 

i 

By act of January 23, 1807, the Trustees of the Ohio 
University were authorized to lease lands at their appraised 
value, although that might be below $1.75 per acre. 

Governor Tiffin having been elected United States Sena- 
tor, resigned the office of Governor ; and Thomas Barker, 
Speaker of the Senate, was acting Governor, from March 4, 
1807, to December 12, 1808. 

At the fifth session of the General Assembly, the town 
Council of Marietta, were authorized to lay out section six- 
teen " into such lots or parcels, as in their opinion [should] 
be most convenient, and tend best to accomplish the object of 
the donation ;" they were to be appraised, taking into view the 
improvements thereon, (buildings excepted,) and the town 
Council might then lease the same, " for the term of ninety- 
nine years, renewable forever, subject to an annual rent of 
six per cent, on the valuation, and subject also to a re-valua- 
tion at the expiration of every ten years, chargeable with the 
same per centage on each succeeding valuation. Effective 
remedies for the recovery of rent, etc., were also provided. 

At this session, acts were passed: 1. Recognizing the 
lessees of the Ohio University lands as freeholders ; giving 
the Treasurer the right to distrain for rent, and appointing 
Eliphas Perkins, Sylvanus Adams, Jehiel Gregory, Abel 
Miller, Leonard Jewett, and Moses Hewitt, additional Trus- 
tees of said University ; 2. Incorporating James Kilbourne, 
Isaac Case, Moses Maynarcl, Ezra Griswold, Alexander 
Morrison, Thomas Palmer, and Noah Andrews, and their 
associates, as the " "Worthington Academy;" 3. Incorporating 
James Welsh, Daniel E. Cooper, "William McClure, David 
Read, Benjamin Yan Cleve, George F. Tennery, John Fil- 
kirth, and James Hannah, and their associates, as the 
" Dayton Academy ;" 4. Incorporating Robert Wilson, 
Thomas Worthington, Edward Tiffin, William Sprigg, Wil 
liam Creighton, Henry Massil, Duncan McArthur, William 
McFarland, and Samuel Finley, as the " Chillicothe Acad- 
emy ;" and, 5. Incorporating Michael Debolt, Jacob Frazey, 
William Webb, Clayton Webb, James Grimes, John Webb, 



102 ADMINISTRATION OF SAMUEL HUNTINGTON. 

Arthur Morrison, John Irvin, Griffith Thompson, John 
Tobias, John Barnes, William Highland, Samuel Earhart, 
Resin Newell, John Newell, Levin Hardisty, John Day, 
George Campbell, Josiah Frazey, John Campbell, Philip 
Crockfleld, Alexander Morrison, James Clark, John Carbrey, 
Josiah Hally, Samuel Hally, Joshua II. Brown, Leonard 
Armstrong, Timothy Day, Nathaniel Armstrong, Samuel 
Dunseth, Nathan Sutton, Robert Hurley, Ichabod R. Miller, 
Philip Turpin, Luther Ross, John Ross, and Daniel Day, 
and their successors, as the " Newtown Library Company, in 
the county of Hamilton." 



CHAPTER VII. 

ADMINISTRATION OF SAMUEL HUNTINGTON— 1808-10. 

At the seventh session of the General Assembly, by an 
act passed February 15, 1809, Robert G. Wilson, Jessup N. 
Couch, John P. R. Bureau, Elijah Hatch, jr., and Henry 
Abrams, were appointed Trustees of Ohio University; the 
Board of Trustees were authorized to receive produce in pay- 
ment of rent, until 1811 ; nine of them were recognized as a 
quorum ; and the tracts of lessees were authorized to be di- 
vided and sub-let, upon certain conditions ; the sub-lessees 
receiving from the Treasurer of the institution separate 
leases, in their own names. By another act, February 9, 
1809, the inhabitants of every fractional township, within the 
Ohio Company's Purchase — although the number of electors 
might fall below twenty — were authorized to lease section six- 
teen, pursuant to law ; and by an act of January 24th, a spe- 
cial organization of fractional township, number four, in the 
second fractional range of townships, was authorized to ap- 
praise section sixteen, at not less than two dollars per acre, 



ADMINISTRATION OF SAMUEL HUNTINGTON. 103 

subject to re-valuation every fifteen years, and to lease the 
same for ninety-nine years, renewable forever, in such lots as 
the Trustees might direct, at rents not less than six per cent, 
on such valuation. 

At this session, the first measures were taken for the crea- 
tion of a fund from the proceeds of the lands granted for the 
use of schools in the Virginia Military District. The first 
section of the act of February 16, 1809, directed the legislative 
appointment of a Surveyor, Register, and Treasurer, for 
terms of three years, under bond, respectively, of $10,000; 
the Surveyor to run off the lands into quarter sections, 
receiving the compensation allowed by the United States for 
similar services; the Register, as soon as the plat of said 
surveys was deposited with him, to give public notice of sale, 
for at least six weeks, in newspapers at Pittsburg and 
Brownsville, Pennsylvania, and Wheeling, Virginia, to at- 
tend said sales, offering first the north-east quarter section, 
thence west, on the same parallel, and so on, with successive 
tiers of quarter sections ; provided that no part thereof was 
sold for less than two dollars per acre, besides its proportion 
of the cost of surveying, advertising, and offering for sale ; to 
require as conditions of sale, a first payment of the sum 
chargeable on each quarter section, for the expenses of survey 
and sale, and yearly payments thereafter, forever, at the rate 
of six per cent, per year, subject to such commutation as 
future Legislatures might prescribe ; to execute deeds of lease 
for ninety-nine years, r/enewable forever, to the purchasers, 
recording the same in a book provided for that purpose ; to 
audit and settle Surveyor's and other accounts; to renew 
sales, as aforesaid, from year to year; and to hold his office 
at Mansfield, Richland county, (in the vicinity of the lands 
granted by Congress, in 1807, for the use of schools in the 
Virginia District,) with a salary of $150, payable out of the 
avails of lands sold, and one and a half per cent, on the 
amount of sales; while it was made- the duty of the Treas- 
urer to attend said sales, receive and keep the payments of 
money, collect rents due, and re-enter and sell the same for 



104 ADMINISTRATION OF SAMUEL HUNTINGTON. 

non-payment, keeping his office likewise at Mansfield, and 
receiving the same compensation as the Register. 

This legislation was important, as a title was conveyed, as 
fully advantageous to the permanent lessee as a fee-simple, 
unincumbered by a condition of re- valuation, and with a 
prospect of commutation by the Legislature. Indeed, at the 
ensuing session, the act of February 16, 1810, fixed the first 
or contingent payment at ten dollars for each quarter section, 
and instead of yearly payments, immediately thereafter, of six 
per cent., such payments were postponed for five years ; but 
in consideration of this indulgence, purchasers were required, 
within three years, to "build a good, comfortable cabin, and 
clear at least three acres of ground on each quarter section," 
with the usual penalties for non-compliance with said amend- 
atory act, of re-entry and forced sale. 

In his second annual message, December, 1809, Governor 
Huntington held the following language : 

"Suffer me, in this place, to call your attention to the state 
of our seminaries and schools of education, and to recommend 
them to the patronage and encouragement of the State; it is 
in a public as well as in a private point of view that the State 
is interested in the diffusion of learning and useful knowl- 
edge; where the means of education are extended, and the 
great body of the people are enlightened, the arts of design- 
ing and ambitious characters can never succeed in under- 
mining the liberties of the country." 

At the eighth session of the General Assembly, 1809-10, 
besides the act amendatory to the act for the disposition of 
Virginia Military School lands, already cited, a series of local 
acts were passed : 1. Appointing Eleazer Ilickcox and Peter 
Hitchcock, Trustees of the "Erie Literary Society." 2. In- 
corporating Clement Vallandigham, John Stough, Resin 
Beall, John Thompson, Thomas Rowland, Alexander Snod- 
grass, Rudolph Blair, Joseph Stibbs, David Hostetter, and 
John Hindman, of Columbiana county, John Sloan of Stark 
county, and Thomas G. Jones, of Trumbull county, as the 
"New Lisbon Academy." 3. Incorporating the sharehold- 
ers of the " Poland Library Society," and appointing Thirkand 



ADMINISTRATION OF SAMUEL HUNTINGTON. 105 

Kirtland, James Duncan and John Strothers its first di- 
rectors. 4. Incorporating Edmund Munger, Daniel Brad- 
street, Noah Tibbals, John Harris, Israel Harris, Benjamin 
Maltbie, Amoni Maltbie, Ethal Kellogg, Jeremiah Hole, 
Elihu Kellogg, Freeman Munger, Edmund K. Munger, Reu- 
ben Munger, Ezra Kellogg, Jonathan Munger, and Henry 
Munger, and their successors, as the "Washington Social 
Library Company," in Montgomery county. 

Governor Huntington, in his last annual message to the 
General Assembly, December 3, 1810, thus alluded to the 
subject of education : 

"The utility of institutions for the promotion of education 
is too obvious to need illustration. In a free government, 
where the rights of the people are in their own keeping, it is 
peculiarly necessary they should have a correct knowledge of 
their rights, to guard, on the one hand, against the encroach- 
ment of power, and on the other hand, against the evils of 
anarchy ; and no means are so well adapted to this purpose, 
as a general diffusion of knowledge and information, the 
foundation of which must be laid in schools, and seminaries 
of learning. , 

" I am well aware that the state of our funds will not per- 
mit much assistance to be given them, in the way that would 
be most effectual ; but if any legislative aid can be devised, 
within the resources of the State, it would undoubtedly be a 
measure of sound policy to extend it to so useful an object. 
Nor will it be an unimportant inquiry, whether the most 
effectual measures have been taken, to render the lands ap- 
propriated by Congress, for the use of schools, in this State, 
subservient to the purposes for which they were granted." 



106 ADMINISTRATION OF RETURN J. MEIGS. 



CHAPTER VIII 



ADMINISTRATION OF RETURN J. MEIGS— 1810-14. 

In the inaugural address, December 8, 1810, of Governor 
Meigs, he thus expressed himself: 

" The Constitution of the State has wisely declared, that 
' religion, morality, and knowledge, being essentially neces- 
sary to a good government and the happiness of mankind, 
schools and the means of instruction shall forever be encour- 
aged by legislative provision.' 

" Correct education is the auxiliary of virtue — moral science 
will exalt the mind, while ignorance, the badge of mental 
slavery, debases it. 

" Where the structure of government rests on public 
opinion, knowledge is of vital interest ; public opinion, to be 
correct, must be enlightened, and the culture of the under- 
standing is the preserver of republican principles. Man 
informed of his political rights becomes reluctant to renounce 
them. Tyrants govern the ignorant. Intelligence alone is 
capable of self-government. 

" Respect for religion, purity of morals, and love of 
country, comprise the substance of civic obligations. 

" As with individuals, so is it with nations, that vice is 
the precursor of ruin ; and taken in its extensive sense, it is 
permanently true, ' that righteousness exalteth a nation.' 

" Public excellence ascends from domestic purity ; and 
just principles, extending from families to communities, en- 
large the sphere of utility, and give to patriotism its proud- 
est devotion. 

" A fervent attachment to our country and its free institu- 
tions, is a principal of predominant obligation. Foreign 
influence is the harbinger of destruction to States which are 
free. It was the gold-dividing influence of Macedon which 
demolished the fairest temples of Grecian freedom ; and 
Pome saw, in the corruption of her citizens, her liberties en- 
tombed forever. With us, were every good citizen to cast 



ADMINISTRATION OF RETURN J. MEIGS. 107 

his mite into the stock of public virtue, the fund would be 
inexhaustible. 

" Happily for us, our State is endowed with liberal grants 
and reservations of land for the use of schools, and universi- 
ties, and we should be unfaithful to ourselves, and unjust to 
posterity, were we to fail to regulate them in a manner most 
beneficial to these. important objects. Our schools and acad- 
emies are advancing in improvement, and promise to 
sanction the hopes entertained of their utility." 

The legislation of the ninth session of the General As- 
sembly, 1810-11, upon educational subjects, was mostly 
local. It consisted, 1. Of the incorporation of Elias Oilman, 
Timothy Rose, Silas Winchel, Daniel Baker, and Grove 
Case, as Trustees of the " Granville Religious and Literary 
Society," with power to dispose of two lots in the town of 
Granville, Licking county, donated by the New England 
Licking Land Company, for the support of a school in the 
town of Granville ; 2. Of the incorporation of Lyman Potter, 
James Snodgrass, John Rea, Bazaleel Wells, John McDowell, 
Benjamin Tappan, David Hoge, Obadiah Jennings, Thomas 
McKean Thompson, James Larrimore, John C. Bayless, 
Thomas Henderson, Thomas Scott, Samuel Hunter, and 
Jesse Edginton, of Jefferson county, as President and 
Trustees of " Steubenville Academy ;" 3. Of two acts transfer 
ring from the town Council of Marietta, and the Trustees and 
Treasurer elected in fractional township, number four, second 
fractional range of the townships in the Miami Purchase, 
under an act of January 24, 1809, the powers possessed 
by those bodies respectively to the Trustees and Treasurer, 
elected under the act of February 6, 1810, incorporating 
original surveyed townships ; and, 4. Incorporating the 
following persons as the " Gallia Academy " in Gallipolis, 
to-wit: Claud R. Menager, Henry Due, Joseph W. V. 
Vacht, Edward W. Tupper, Thomas Rodgers, John Miller, 
Luther Shepard, Calvin Shepard, Elnathan Barlow, Gustavus 
Keys, Francis Leclerc, William Harvey, Phineas Mathews, 
Adam .Long, Lewis V. Yonschrittz, Lewis Newsom, Stephen 
Monnat, Peter Ferrard, John B. Le Tailleur, John Cantrell, 



108 ADMINISTRATION OF RETURN J. MEIGS. 

Charles Clendinen, Francis Larquilhon, John Entsminger, 
Andrew Johnson, John P. R. Bureau, Levi Mercer, James 
Wilson, Andrew Lewis, Spencer E. Gibson, William Clen- 
dinen, Benjamin Burrage, John Bing, Tobias Ruffner, David 
Ridgeway, Thomas Northup, Christopher Etienne, Edward 
Farler, Edward McMullen, Samuel Logue, Joseph Fletcher, 
Orasha Strong, David Reese, Samuel Blagg, Robert Safford, 
David L-win, Rene Carel, Lewis Leclerc, William Sterrett, 
Peregrine Foster, Allen Pry or, Nathaniel Gates, Robert 
Herriford, Charles Drinnen, James Callison, John B. 
Ferard, Jos. McMullen, Toussaint Shouman, John Atchison, 
Lewis Summers, and Henry dishing. 

The legislation at the tenth session of the General Assembly, 
1811-1812, was as follows : 1. Nathaniel Hamilton, Simeon 
Deming, William Ford, and their associates, were incorpo- 
rated as the " Wooster Library Society ;" 2. John McLean, 
Joseph Canby, and Joshua Collett, directors, Rev. William 
Robertson, Librarian, and Silas Hurin, Treasurer, and their 
successors, were incorporated as the " Lebanon Library So- 
ciety ;" 3. Benjamin Carpenter, Ezekiel Brown, Solomon 
Jones, Thomas Brown, (of the towns of Sunbury and Berk- 
shire, in the county of Delaware,) and their successors, were 
incorporated as the "Platonic Library Society ;" 4. Samuel P. 
Hildreth and Seth Adams were appointed Trustees of the 
" Ohio University," and the Board of Trustees were author- 
ized to loan their funds collected from rents, at six per cent., 
and to anticipate their collections by the issue of orders, not 
to exceed in amount the whole amount of rents payable in a 
succeeding year ; 5. Permanent leases for mill-sites, with 
eighty acres adjoining, from sections 16, in township one, 
range two, and in township two, range three, between the 
Miami rivers, were authorized, without a clause of re-valua- 
tion ; and 6. In an act transferring the powers of the Trustees 
and Treasurer of fractional townships four, fractional range 
two, of Miami Purchase, to the officers of the incorporated 
original surveyed townships, is found the following provision, 
which seems the first direction to report school statistics. 



ADMINISTRATION OF RETUKN J. MEIGS. 109 

"That the schoolmasters in said fractional township shall 
each keep a daily account of each and every scholar sent to 
his school, and the name of the person sending them, and 
transmit a certified copy of the same to the said Trustees, on 
or before the first day of April, annually; and the Trustees 
shall make out a fair and equal dividend of the net proceeds 
of said school section, to each person resident in said town- 
ship, sending to school, according to the number of scholars 
sent by them respectively, and the time for which they have 
attended; and the teacher's receipt as to any of the lessees of 
the school section, shall be received by the Trustees in pay- 
ment of any rents due from them respectively, as far as may 
then be due to the said lessee or lessees." 

The war of 1812, with its preparation and events, diverted 
public attention from educational activity. During the three 
years of its progress, the following laws were enacted : 1. 
January 2, 1813, Jacob Burnet, James Findlay, Daniel 
Symmes, Nicholas Longworth, Ethan Stone, Ethan A. 
Brown, and William Barr, were organized as " The Circu- 
lating Library Society of Cincinnati;" 2. Provision was made, 
January 12th, to enlarge the college green of Ohio University ; 
3. February 4th, Samuel Sharpless, John Kinsey, and George 
Sharpless were allowed, after due appraisement, to lease per 
manently 204 acres of section sixteen in township six, range 
three, in Belmont county, for the purpose of erecting a fulling 
mill thereon, paying six per cent, upon said valuation, but 
subject to re-valuation every thirty years ; 4. February 9th, in 
consideration that many of the lessees of school lands in the 
"Virginia Military Tract, leased at Mansfield, had been driven 
from their possessions by the savage enemies of our country, 
it was enacted, that any person or persons who had pur- 
chased or leased any tract, or tracts, of the Virginia Military 
school lands, and had not improved the same, should have 
one year further time for that purpose; 5. February 6th, 
William Wilson was appointed Trustee of Ohio University ; 
6. January 17, 1814, another year's indulgence was al- 
lowed to the lessees of Virginia school lands, and the Eegis- 
ter required to report to the General Assembly an annual 
statement of sales; 7. January 19th, John Northrop, David 



110 ADMINISTRATION OF KETURN J. MEIGS. 

Noble, Samuel Swan, John Davidson, Asa Baldwin, Samuel 
Clark, Joseph Piatt, Aimer Webb, Joseph Merchant, Charles 
A. Boardman, Nathaniel Blakely, Daniel Fairchild, George 
Stilson, Eliakim Stodard, and Richard I. Elliot, were incorpo- 
rated as the "Boardman Library Company;" but the property 
so held (other than books, maps, and charts) was limited to 
$2,000, and the corporation was prohibited from applying 
their funds to any other purpose than that of establishing and 
supporting a library ; 8. January 19th, James Youart, George 
S. Houston, Asa Coleman, Cornelius Westfall, and Alexan- 
der Telford, were incorporated as the "Troy Library Society," 
in the county of Miami ; 9. February 10th, Lewis Dille, Da- 
vid Hendershot, Alexander McElrath, Amos Palmer, Asa 
Dille, Andrew McElrath, Thomas McElrath, Thomas Thomas, 
Thomas Barr, Samuel Dodge, John Shaw, Daniel S. Judd, 
jr., Timothy Doane, Elias Cazad, and William Coleman, 
were incorporated as " The Euclid Library Society," in the 
county of Cuyahoga; 10. February 11th, original surveyed 
township three, range eight, in Washington county, and town- 
ship six, range fourteen, in Gallia, were authorized to lease, 
permanently, subject to re-valuation every thirty-three years, 
their school lands; 11. December 22d, the act incorporating 
the " Circulating Library Society of Cincinnati" was revised ; 
12. December 22d, Bill Kennedy, Gideon Finch, John Ford, 
Eleazer Hickcox, Uri Hickcox, Lyman Benton, Jedediah 
Beard, Selah Bradley, Andrew Durand, Simeon Rose, and 
others, were incorporated as the " Village Library Society of 
Burton," in the county of Geauga ; 13. January 13, 1815, 
James A. Nisbet, Alexander C. Lamer, Philip Helm, James 
Crawford, and their associates, were incorporated as the 
" Eaton Library Society," in the county of Preble ; 14. Jan- 
uary 30th, original township six, range ten, in Champaign 
county, authorized to lease section sixteen permanently, with 
thirty-three years re-valuation; 15. February 4, William Lytic, 
Martin Baum, Oliver M. Spencer, Solomon Langdon, Wil- 
liam Burke, Joshua L. Wilson, JohnS. Gano, John H. Piatt, 
Daniel Symmes, John Kid, Ezekiel Hall, Jacob Wheeler, 



ADMINISTRATION OF THOMAS WORTHINGTON. Ill 

Jesse Hunt, James Findlay, William Henry Harrison, 
Thomas Graham, William Lyne, David E. Wade, William 
Barr, Joseph Raffrer. etc., were incorporated as the "Cincinnati 
Lancaster Seminary;" 16. February 16th, the "Northern Social 
Library Company," with its present shareholders, was incorpo- 
rated at Harpersfield, in Ashtabula county; 17. February 16th, 
John Lawrence Lewes and Joseph Wood, of Washington 
county, Rev. James Culbertson, of Muskingum county, and 
Charles R. Sherman, of Fairfield, were appointed Trustees of 
Ohio University. 



CHAPTER IX. 



ADMINISTRATION OF THOMAS WORTHINGTON— 1814-18. 

The summary of legislation during the war, has antici- 
pated one year of Governor Worthington's administration. 
Othniel Looker, Speaker of the Senate, acted as Governor 
from April 14 to December 8, 1814, Governor Meigs having 
resigned, and accepted the Post-Office department at Wash- 
ington. 

At the fourteenth session of the General Assembly, 1815- 
16, permanent leases were authorized, of section sixteen, in 
township 8, range 8, in Green county, in township 2, range 1, 
east of a meridian drawn from the mouth of the Great 
Miami ; in township 9, range 21, in Ross county ; in town 
ship 2, range 12, in Gallia county; in township 1, range 4, 
in United States Military Tract, in Guernsey county. Char- 
ters were granted for the "Fearing Library Society," in 
Washington county; for the "Social Library Company of 
Salem," in Ashtabida county; and for the "Dayton Acad- 
emy," in Montgomery county. 

At this session, the law, directing the manner of leasing 



112 ADMINISTRATION OF THOMAS WOKTHINGTON. 

the Virginia school lands, was revised. It differed from 
the act of 1809, in appointing a Register for three years, and 
in requiring a re-valuation of the premises, exclusive of im- 
provements. After 1820, the Register was directed to lease 
lands undisposed of, to the highest bidder above the ap- 
praised value, who should annually pay six per cent, on the 
amount thus bid and accepted. The office of Treasurer was 
merged into that of Register ; but the latter was required to 
account to the State Treasurer, reserving a salary of $150, 
and two per cent, on the amount received and paid over to 
the State Treasurer. 

At the fifteenth session, (the first held at the present seat 
of government,) Governor Worthington, in his message of 
December 3, 1816, held the following language: 

"Among the objects which claim your particular attention, 
are the public schools, and the means of improving the mind 
of the rising generation, the navigable rivers, and public 
roads of the State. 

"The opportunity of acquiring an education in Ohio, has 
hitherto, been confined to the few, and as a general dissemi- 
nation of learning necessarily conduces to the improvement 
of morals and behaviour, while in effect it gives to the peo- 
ple a more extensive knowledge of their rights, it becomes 
the Legislature of a free State, to adopt measures co-extensive 
with their means to accomplish these objects." 

An act was passed, January 24, 1817, for the incorpora- 
tion of schools and library companies. Its first section was 
as follows : 

" That at any time when six or more persons shall have 
associated themselves together for the purpose of establishing 
a .school and building a school-house, or for the purpose of 
establishing a library, and shall have given themselves a 
name, it shall, and may be lawful for such associations to ob- 
tain letters of incorporation in the following manner : Such 
persons shall make out and subscribe their articles of associ- 
ation, in which shall be set forth the name of the association, 
the lime and manner of electing their officers, to consist of a 
President and four Trustees, and such officer to serve as 
Treasurer, Clerk, or Librarian, as may be proper and neces- 
sary ; the time for the stated meetings of the President and 



ADMINISTRATION OF THOMAS WORTHINGTON. 113 

Trustees, and the method of convening a special meeting. 
Such articles shall make provision for the acquisition and 
disposition of property, real and personal, by the association, 
and shall prescribe the manner of enacting by-laws for the 
good government of the school or library, and for the proper 
management and preservation of the estate and funds of the 
association, the property to be owned by such association, 
except philosophical and mathematical apparatus, books, 
maps, and charts, shall at no one time exceed the value of 
ten thousand dollars, no part of which shall at any time be 
applied to any other purpose than the establishment and sup- 
port of a school or a library, as the case may be." 

The articles of incorporation were then required to be 
approved by the President, Judge of Common Pleas, and 
two Judges of the Supreme Court, and recorded in the county; 
the corporate powers were granted in the usual form, and all 
existing associations, for schools and libraries, allowed to 
organize under this act; and it was further provided, that 
if any association so incorporated, used their funds for 
banking purposes, or in any way deviated from the pur- 
poses of their charter, the penalty of forfeiture should be 
enforced. 

A general method of leasing school laDds was also estab- 
lished. The supervision of section sixteen, especially in the 
unorganized surveyed townships of the State, was entrusted 
to the Commissioners of counties. Three freeholders, when an 
original surveyed township was unorganized, were to be 
appointed by the Commissioners, to lay off the school section 
thereof into convenient lots of not less than forty nor more 
than one hundred and seventy acres, and appraise the same ; 
their proceedings being recorded by the clerk of the Trustees 
of the township, if organized, otherwise by the clerk of the 
county Commissioners. Leases might then be executed, or 
re-issuecl to former lessees, for an annual rent of six per cent, 
on the appraised value ; but the premises were subjected to 
re-valuation every thirty-three years by three freeholders, as 
aforesaid. The Trustees, or Commissioners, as the case might 
be, were clothed with ample remedies for the collection of 
rents — the same, however, as those provided by the various 



114 ADMINISTRATION OF THOMAS WOETHINGTON. 

special acts for which this general law was substituted. If 
lots could not be leased at the appraised value within twelve 
months, then they were to be sold, after usual notice, to 
the highest bidder, for annual rent. The fact that the school 
lands lay in a different county from a fractional township, for 
whose benefit they had been assigned, was declared im- 
material, and jurisdiction given to the Court of Common 
Pleas to make partition, with the aid of appraisers and a 
surveyor, if two fractional townships held their school lands in 
the same section, and could not agree on the division and 
leasing of the same. 

The Court of Common Pleas was authorized to lease school 
lands in the United States Military District, except those 
granted for the use of schools in the Western Reserve, after 
their survey, division into one hundred and sixty acre tracts, 
and appraisement by three freeholders, whom the Court ap- 
pointed, on the same conditions as above, of permanent 
lease and re-valuation every thirty-three years. Whenever 
lessees had failed to improve their tracts as required by law, 
they forfeited their right to receive a permanent lease ; but 
original improvement lessees, who had fulfilled their stipu- 
lations, were entitled to an exclusive privilege of receiving a 
lease for the tracts so held by them. 

It was made the duty of the Clerk of the Court to return a 
copy of all leases so granted, to the county Commissioners ; 
and rents were to be paid into the county treasury subject to 
legislative disposition, in conformity with the original grant. 
If rents were in arrears, the county Treasurer, by the direction 
of the county Commissioners, might re-enter and re-sell the 
permanent lease. Other provisions of the law fixed a tariff 
of fees for the services of the officers. 

Notwithstanding this general law, the school sections of 
township 3. range 2, in the Miami Purchase, and township 3 or 
8, in the county of Gallia, were directed, by special laws, to be 
leased permanently without a clause of re-valuation, in con- 
sideration of the erection of mills thereon. 

It is deemed unnecessary to notice the special enactments 



ADMINISTRATION OF THOMAS WORTHINGTON. 115 

in respect to school lands or school incorporations, as from 
this session, general acts on those subjects are found on 
the statute books. Some curiosities of legislation may be 
occasionally noticed, as a lottery for the benefit of the Ohio 
University, but local legislation thenceforth becomes too 
voluminous for continuous citation. 

At the sixteenth session, we ascertained the locality of the 
" Erie Literary Society," the first organization of the kind by 
State legislation, it will be remembered. An act was passed 
January 23, 1818, exempting from taxation all lands donated 
to said Society, "for the purpose of erecting a college at 
Burton" Geauga county. 

Hamilton county was released from the operation of the 
general law of the preceding session, "for leasing school 
lands," and remitted to the operation of the " act to incorpo- 
rate the original surveyed townships." 

The State Library was founded by Governor Worthington, 
who made an appropriation to that object of a portion of his 
contingent fund. The Legislature, by a joint resolution 
of January 29, 1818, first recognized the existence of the 
State Library. This resolution was as follows : 

Resolved, By the General Assembly of the State of Ohio, 
that the following rules and regulations be observed in the 
library of the State of Ohio : 

1. The library shall be kept in one of the chambers of the 
public offices. 

2. The library shall be opened every day during the ses- 
sion of the General Assembly, Sundays excepted, from eight 
o'clock in the morning, to one o'clock in the afternoon, and 
from four o'clock, until eight in the evening. 

3. It shall be the duty of the Librarian to label and num- 
ber the books, and make and preserve due catalogues of the 
same ; he shall also keep an accurate account of all issues 
and returns of books, as the same shall be made. 

4. Books issued by the Librarian shall be returned as fol- 
lows : A folio, within three weeks ; a quarto, within two 
weeks ; an octavo, or duodecimo, within one week ; and 
no member shall receive more than one folio, one quarto, or 
two octavos or duodecimos, at one time, unless when so con- 
nected as to be otherwise useless. 



116 ADMINISTRATION OF THOMAS WORTIIINGTON. 

5. The Librarian shall open an account with the Governor, 
Secretary, Treasurer, and Auditor of State, the Judges of the 
Supreme Court, and the members of the General Assembly, 
and their respective clerks, in which he shall charge them 
respectively with all books issued, and credit them with all 
books returned; and in case any person entitled to books 
shall detain one beyond the limited time, he shall forfeit, and 
be charged as follows: For a folio, twenty-five cents per 
day ; a quarto, octavo, or duodecimo, twelve and a-half 
cents per day ; which forfeiture may, for good cause shown, 
be remitted by the Speaker of the Senate or House of Rep- 
resentatives, for the time being. And in case any person en- 
titled to the use of the library shall neglect or refuse to pay 
any penalty incurred by not returning any book or books 
within the time above specified, unless the same shall, be re- 
mitted as aforesaid, his rights, from the time of such neglect 
or refusal, shall cease, and until he shall comply with these 
rules and regulations. 

6. All books shall be returned two days before the close of 
a session, whether the time allowed for the use thereof be 
expired or not. 

7. If a book be returned damaged, the person returning it 
shall not be entitled to another, until the damage for the first 
shall be satisfied, and the Librarian shall charge the person 
therewith. 

8. The Librarian shall, two days before the termination of 
every session of the Legislature, furnish the Speakers of both 
Houses with a list of members who have been delinquent, 
particularly specifying the nature of the delinquency ; and it 
shall be the duty of the Speaker of each House, in settling 
the accounts of any such member, to retain a sum equal to 
double the value of the book or books detained ; and if a 
part of a set shall be detained, then double the value of the 
whole set, and also a sum equal to the fines and damages 
with which such member may stand charged. 

9. That before any Senator or Representative shall obtain 
leave of absence for the remaining part of the session, it 
shall be the duty of the Speaker of either House to ascertain, 
from the Librarian, the state of such member's account, and 
in case such Senator or Representative shall be delinquent, a 
sum shall be retained to cover the value of books or sets of 
books detained, and penalties incurred. 

u And be it further resolved, That the Governor have 
charge of the State library until the next session of the Gen- 
eral Assembly." 



ADMINISTRATION OF THOMAS WOKTHINGTON. 117 

Governor Worthington opened his communication to the 
General Assembly, at its sixteenth session, by the expression 
of sentiments which, aside from other evidences of his sagacity, 
would have been a sufficient warrant for his high rank 
among the early statesmen of Ohio. He foreshadowed, at a 
period so remote as the year 1817, the great necessity of a 
normal school, and we doubt whether any public man of the 
country has recorded an earlier recommendation of the kind. 
The discussion in Connecticut and Massachusetts was long 
subsequent. This portion of his message is annexed: 

" While in the enjoyment of these extraordinary blessings, 
we should not forget that we are accountable for their abuse, 
and that it is our duty to use all the means in our power to 
perpetuate the blessings of a free government to those who 
may come after us. This is the duty of all, but more especially 
of those to whom the people delegate the power of govern- 
ment. 

" With a view to the fulfillment of the duties assigned me, 
I shall recommend for your consideration such subjects as 
are deemed most important for the promotion of this great 
object, as well as the present comfort and convenience of our 
fellow citizens ; and first, as I consider it most important, I 
recommend to your particular attention, the education of the 
rising generation. Without information and knowledge, the 
blessings of a free government can not be long continued. 
The wisest and best men in all ages have agreed on this im- 
portant point ; and so thoroughly convinced of it, and so 
anxious that it should be attended to, were our forefathers, 
the patriots, who, under Providence, gave us the fair heritage 
we enjoy, that in the instrument which contains the funda- 
mental principles of our government, for our admonition, 
they have declared, that ' religion, morality, and knowledge, 
being necessary to good government, schools and the means 
of education shall forever be encouraged.' 

" In conformity with this admirable sentiment, we have 
received from the United States, means, to a very consider- 
able extent, which, if rightly used, would go great lengths 
toward the general diffusion of knowledge. To bring these 
means, with others, if necessary, into action ; to devise, or- 
ganize, and to put in practice a system, of education for the 
rising generation, which will dispel ignorance, and diffuse 
light and knowledge throughout the State, while it would be 
one among the greatest benefits which could be conferred od 



118 



ADMINISTRATION OF THOMAS WOKTHINGTON. 



/ 






4 



posterity, would, I am persuaded, gentlemen, be the most 
pleasing duty you could perform. The propriety of the 
measure proposed, and the means of effecting it, are subjects 
which should be examined ; of the propriety of the measure, 
no rational mind friendly to liberty can doubt ; and that we 
possess the means, if earnestly disposed to effect the object, I 
have as little doubt. It is true it must be a work of time ; 
hence the necessity of commencing it. 

" The great difficulty of procuring teachers whose moral 
character and other qualifications fit them to enlighten the 
minds, and shape the morals of the rising generation, even 
when suitable compensation can be made, is evident. Indeed, 
it but too often happens that persons of the most profligate 
morals, and the least qualified, seek this employment as a 
cover for idleness. It can not be expected that any thing good 
can proceed from so corrupt a source. In the formation of a 
superstructure, the foundation must be solid, to make it lasting 
and useful. If we expect in our youth ' religion, morality, 
and knowledge,' suitable teachers must be employed to pro- 
duce this effect. With a view to aid in effecting this desir- 
able object, I recommend to the consideration of the General 
Assembly the propriety of establishing, at the seat of govern- 
ment, a free school, at which shall be taught the different 
branches of an English education, at the expense of the 
State, to such number of boys, the children of parents unable 
to educate them, and no others, as the Legislature may deem 
proper ; that whenever young men thus educated shall be- 
come qualified for that purpose, they shall, when proper 
salaries are furnished them, have the preference of employ- 
ment in the public schools of the State, and shall be obliged 
to serve as teachers of schools until they are twenty-one years 
of age, and afterward, so long as they conduct themselves 
well, shall have the preference of employment. The whole to 
be under such regulations as the Legislature may from time to 
time adopt." 

It is proper, also, to preserve Governor Worthington's own 
allusion to the foundation of the State library, toward the 
close of the same message : 

" The fund made subject to my control by the last General 
Assembly, besides paying the ordinary demands upon it, and 
for the articles mentioned in a resolution of the Legislature, 
of the 28th of January, 1817, has enabled me topurchase a 
small but valuable collection of books, which are intended as 
the commencement of a library for the State. In the 



ADMINISTRATION OF THOMAS WORTHINGTON. 119 

performance of this act I was guided by what I conceived the 
best interest of the State, by placing within the reach of the 
representatives of the people, such information as will aid 
them in the discharge of the important duties they are dele- 
gated to perform." 

At the seventeenth session of the General Assembly, 
1818-19, Governor Worthington, in his last communication, 
thus further expressed himself upon the subject of educa- 
tion : 

"Among the measures which I have heretofore recom- 
mended to the Legislature, for their consideration, and on 
which they have not acted, a good plan for the education of 
the rising generation, has been considered first in importance. 

"Time, and further reflection, have confirmed me in the 
opinions I have before communicated ; and from a sense of 
duty to the State, I must again recommend the subject to 
your attention. Surely, nothing can be more important than 
information, to the citizens of a government free as ours is. 
Indeed, I feel convinced, a perpetuation of that freedom we 
now possess, greatly depends on the means which may be 
used, under Providence, to produce that state of general in- 
formation which will enable the people to appreciate the lib- 
erty they enjoy. From my own observation, I am fully con- 
vinced it is the first duty of the Legislature to adopt, with as 
little delay as possible, a system for the establishment of ele- 
mentary schools throughout the State. In the first settlement 
of a country like ours, the labors necessary to clear the lands 
and produce the means of subsistence, prevent, in a great 
measure, those who are thus employed, from giving to their 
children even a common education. The more wealthy citi- 
zens, who possess the means, will educate their children, 
while those of the poorer class, whose parents have not the 
means, yet by their labor are greatly promoting the prosperity 
of the State, will be brought up in a state of comparative 
ignorance, unable to manage, with propriety, their private 
concerns, much less to take any part in the management of 
public affairs ; and what is still more to be lamented, unac- 
quainted with those religious and moral precepts and princi- 
ples, without which they can not be good citizens ; I am fully 
aware that all can not be learned, nor receive the advantages 
of an education of the highest order ; nor is this necessary ; 
yet, I am as fully convinced it is within the power of the State 
to disseminate a general state of information, which will be pro- 
ductive of the best effects. The wealthy are deeply interested 



120 ADMINISTRATION OF THOMAS WORTHINGTON. 

in such a state of things. Information, and the practice 
of moral and religious principles, never fail to produce' order^ 
and secure the rights of property in society ; they, therefore, 
should feel a willingness to contribute toward effecting objects 
of so much importance. Information is common stuck, or 
national wealth; and in proportion as it is increased, are our 
means enlarged and national liberty secured. I avail myself 
of this last opportunity offered me, of recommending to your 
serious attention a subject of so much importance, and pro- 
pose for your consideration, gentlemen, the propriety of ap- 
pointing one person from each judicial circuit of this State, 
who, together, shall form a Board for school purposes, and 
who, in the recess of the Legislature, shall collect such in- 
formation, relative to the school funds of the State, and who 
shall lay before the next Legislature such a system for the estab- 
lishment of elementary schools throughout the State, as they 
may be enabled to devise from all the information to be ob- 
tained on the subject." 

The valuable suggestion here made, was not immediately 
acted upon, although the messages of Governor Worthington 
gave a great impulse to the legislation of a few years later. 
At this session, Philander Chase, James Kilbourne, Thomas 
S. Webb, Chester Griswold, Kecompence Stansbury, Chaun- 
cey Barker, Stephen Maynard, Ezra Griswold, Benjamin Gar- 
diner, Orris Parish, Lucas Sullivant, and Leonard II. Cowles, 
were incorporated as "the President and Trustees of the 
Worthington College." 

By an act passed January 16, 1819, the purchasers of Vir- 
ginia Military school lands were authorized to assign their 
lands ; but their assignments were directed to be recorded by 
the Register. 



ADMINISTRATION OF ETHAN A. BROWN. 121 



CHAPTER X. 

ADMINISTRATION OF ETHAN A. BROWN — 1818-1822. 

All the memorials of the period comprised by the ad- 
ministration of Governor Brown, show great financial dis- 
tress among the people of the State. There was much politi- 
cal excitement, also, in the General Government, by the 
question of the admission of Missouri, and in the home Gov- 
ernment, growing out of the struggle between the State of 
Ohio and the Bank of the United States. The w T ant of acces- 
sible markets, bore disastrously upon the people. The lessees 
of the Virginia military school lands obtained a further re- 
mission of their first payment of six per cent. ; and neither 
Legislature nor people, in the general gloom, were prepared 
for much expenditure in behalf of schools. Governor Brown, 
in his message of December 5, 1820, presented a very unfa- 
vorable view of the school fund, arising from the rents of 
section sixteen. He said : 

" You can not fail to be sensible of the confidence reposed 
in your disposition to encourage the pursuit of useful knowl- 
edge, by the best application of the means in your power, of 
which you shall believe them capable. So far as my informa- 
tion extends, the appropriation of the school lands in this 
State has produced, hitherto, (with few exceptions,) no very 
material advantage in the dissemination of instruction — none 
commensurate with their presumable value. Whether this 
be owing to the comparatively new state of the country, 
and the low rate of rents ; whether the property has been let 
too low, or durable leases given at unpropitious periods ; or 
whether the fault, if any, be attributable to an injudicious 
application of the proceeds, or expense of the management, is 
difficult to decide, from defect of official returns to Govern- 
ment on the subject. If an inquisition were made, especially 
where no account is rendered to you, to ascertain the value, 



122 ADMINISTRATION OF ETHAN A. BROWN. 

the proceeds and their expenditure, and the condition of these 
lands, it might assist the Legislature in forming systematic 
regulations, to prevent the useless dissipation of this fund, 
and direct its application, effectually, to the purpose in- 
tended." 

Nevertheless, under these depressing circumstances, the 
foundation was laid of the present school system of Ohio. 
On the 22d of January, 1821, an " act to provide for the 
regulation and support of common schools," was passed in 
the following terms : 

"Section 1. Be it enacted by the General Assembly of 
the State of Ohio, That the Trustees of the several townships 
in this State, shall give public notice in writing, set up at three 
of the most public places within their respective townships, 
before the elections in March, notifying the electors within 
said township, to vote at the next township election, for or 
against organizing said township into school districts ; and if 
a majority of all the votes given by householders, should 
be in favor of such organization, the Trustees shall, within 
twenty days thereafter, lay off the same, or any part thereof, 
into school districts ; which districts when so laid off, shall 
not contain less than twelve, nor more than forty house- 
holders : Provided always, That the Trustees shall not allow 
themselves, or receive any compensation for their services 
under the provisions of this act. 

"Sec. 2. That if the Trustees of any township should be 
of opinion, that the interest of the inhabitants of any neigh- 
borhood would be better subserved by laying off school 
districts from parts of one or more of the adjoining town- 
ships, and it should appear to be the wish of the inhabitants 
of such neighborhood so situated, they shall notify the 
Trustees of such adjoining township or townships, to meet at 
such time as they may appoint, at some place within the 
district to be laid off; and when so met, if a majority of 
them think expedient, they may lay off such district. 

" Sec 3. That whenever the inhabitants of any neigh- 
borhood may wish to be laid off into a school district, the 
Trustees having previously omitted to lay off said neighbor- 
hood into school districts, they may, on petition signed by two- 
thirds of such householders, be entitled to be laid off into 
a school district, for the purposes contemplated in this act, if 
the Trustees of such township or townships shall deem 
it expedient, and the petitioners shall be bound to pay the 



ADMINISTRATION OF ETHAN A. BROWN. 123 

expenses thereof; and on petitions as aforesaid, the Trustees 
may proceed to lay off new districts from parts of one or 
more contiguous districts, if it shall appear to them that 
the petitioners aforesaid are situated at an inconvenient 
distance from the school-house or houses of their district 
or districts, (as the case may be,) or that the interest of 
such neighborhood would be promoted thereby, so that in no 
case shall the number of householders in such district, or 
either of the old districts from which it may have been laid 
off, be less than twelve, such petitioners paying the expense 
as aforesaid. 

" Sec. 4. Be it further enacted, That the Trustees shall, 
in all cases, cause the township Clerk to make a record 
of each district so laid off; and when such district shall 
consist of parts of two or more townships, the Clerks of the 
several townships in which such district may be situated, 
shall record the same. 

"Sec. 5. That the Trustees, in laying off school districts, 
shall have regard to any school company incorporated under 
the provisions of the act, entitled ' an act to provide for 
the incorporation of school and library companies,' or under 
any other law for the incorporation of school companies ; 
so far as to include the members of such incorporation within 
one district, and not to affect their corporate rights. 

" Sec. 6. That the householders in each of the school dis- 
tricts, shall meet at such places as may be agreed upon in 
said district on the first Monday of May, in each year ; 
and when so met, to the number of ten or more, they may 
proceed to elect three of said householders, as a School Com- 
mittee for said district ; and also some suitable person as 
Collector, who, by virtue of his office, shall be Treasurer 
for said, district ; and said Committee shall appoint a Clerk, 
whose duty it shall be to keep a record of such meetings, and 
to make out such tax bills and keep such accounts as the 
Committee may direct ; and said Committee, Collector, and 
Clerk, shall hold their appointments until their successors are 
elected and qualified. 

" Sec. 7. That the Committee aforesaid be, and they are 
hereby authorized to cause the erection of a school-house in 
some convenient place in each district ; and for that purpose, 
they are hereby authorized to receive, by donation or purchase, 
any quantity of land not exceeding two acres that they may 
think expedient ; and the title of the same shall be vested in 
said School Committee and their successors in office, to 
and for the use of said district, for the purposes as aforesaid ; 



124 ADMINISTRATION OF ETHAN A. BROWN. 

two-thirds of such householders having previously at their 
meeting, agreed upon the erection of such school -house. 

"Sec. 8. That, for the purpose of purchasing land on 
which to erect such school-house, the Committee may apply 
any donation or subscription which may be made for that 
purpose, together with the taxes which they are authorized to 
raise by the provisions of this act. 

"Sec. 9. That the property of all persons residing in said 
district, and which property may be situated therein, and lia- 
ble to taxation for State or county purposes, shall be liable 
to be taxed for the purpose of erecting a school-house as 
aforesaid, and also for the purpose of making up the defi- 
ciency that may accrue by the schooling of children, where 
parents or guardians are unable to pay for the same ; and said 
Committee is hereby authorized to assess taxes for these pur- 
poses, on property as aforesaid, not exceeding, in any one 
year, one-half of the amount of taxes which might, by law, 
have been levied on the same objects for State or county pur- 
poses; and said Collector shall have power to collect the 
same, in such manner as county taxes are collected. 

"Sec. 10. That the Committee aforesaid are hereby author- 
ized to employ a competent teacher or teachers, for such term 
of time as they may judge for the interest of the district, in 
each year ; and such school shall be open to all the scholars 
of a suitable age within said district, and the Committee are 
hereby authorized, quarterly, or at such other times as they 
may deem expedient, to cause the expenses of said school to 
be assessed on the parents or guardians of all the scholars, 
in proportion to the number of scholars who may have been 
schooled, being residents in such district, and the collection 
shall be made by the Collector as aforesaid : Provided, how- 
ever, That said Committee may remit the whole or any part 
of said assessment, which, in their opinion, may have been 
assessed on parents or guardians who are unable to pay the 
same, and such deficiency, if any such there should be, shall 
be paid from the fund raised by taxes, as are, in the ninth 
section of this act, authorized to be raised for that pur- 
pose. 

"Sec. 11. That the Committee may require of the Col- 
lector acting as Treasurer for the proper district, such bonds 
as they may think sufficient, for the punctual paying over all 
moneys by him received, on the orders of the Committee, 
attested by the Clerk, for the purposes aforesaid, excepting 
the amount of two per cent, which he may be allowed to 
retain, as a compensation for his services; and the Clerk 



ADMINISTRATION OF ETHAN A. BROWN. 125 

shall keep an account with the Treasurer, which shall 
be adjusted and settled under direction of said Com- 
mittee, from time to time, as said Committee may deem 
expedient ; and on failure of such Treasurer to pay over the 
money he may have in his hands, on the order of the Com- 
mittee, he shall be liable on the suit of such Committee, in 
any court having competent jurisdiction, to pay the same with- 
out stay of execution, together with ten per cent, damages ; 
and said Committee are hereby authorized to sue for, and 
recover the same : Provided, however, That no person ex- 
cept the Collector, shall be allowed any fees or compensation 
for his services under this act. 

"Sec. 12. That in such townships as, by law, are entitled 
to public moneys from the rent of section number sixteen, or 
other school lands, the Trustees of such township shall allow 
said district its proportion of such money, to be ascertained 
and proportioned under such laws as may be in force at the 
time application may be made, regulating the application and 
division of such school fund ; and the Treasurers of the sev- 
eral school districts are hereby authorized to receive the same, 
for which they shall be accountable to said Committee, in the 
same manner as they are accountable for the other moneys 
coming into their hands by the provisions of this act." 

At the same session the law was revised which provided 
for leasing the school lands within the United States Military 
District, retaining the jurisdiction of the Court of Common 
Pleas, but separating the fund thus accumulated, from the 
State treasury, and directing its custody and distribution by 
the Treasurers of the respective counties interested therein. 

By the following extract from Governor Brown's annual 
message, delivered December 4, 1821, it appears that the 
Congressional land endowment for schools was, at that time, 
the subject of very earnest discussion throughout the Union. 
His observations are full of historical interest : 

" I have possessed no means of acquiring information for 
the Legislature of the success that has followed the act ' to 
provide for the regulation and support of common schools ;' 
you must, of course, judge of its operation in your respective 
neighborhoods, from your own observation. In this state of 
things, new suggestions from me on this head would proba- 
bly be premature. I will, therefore, barely repeat the remark, 
that in devising and improving a plan for the establishment 



126 ADMINISTRATION OF ETHAN A. BROWN. 

of common schools, accounts of the value and revenue of the 
section number sixteen, may be of some consequence. 

"Notwithstanding that the appropriations of lands in the 
western country, for the support of schools, have hitherto 
been very little productive, as a literary mud, their advantage 
and value have been very highly appreciated by a part of our 
brethren in the eastern States. A report and resolutions 
adopted by the Legislature of the State of Maryland, and 
now laid before you, will show that a claim is advanced to a 
portion of the public lands in the new States and the territo- 
ries, equal to one-thirty-sixth part of the area of each old 
State, with the addition of one-fifth of that amount, to equal- 
ize, as is pretended, a participation of endowment for schools, 
from this fund, among the States having common property 
in the national possessions. The pretensions therein set 
forth, and supported by the State of New Hampshire, I 
respectfully advise, should meet the remonstrance of this 
Assembly, to prevent a scheme, founded on principles be- 
lieved to be mistaken and erroneous, and fraught with serious 
wrong to this, with the other new States, and the territories. 

" Among the grounds urged in support of the claim, much 
apparent confidence is placed in the ' regal ' ownership of the 
provinces before the war of the revolution, and the joint con- 
quest of all the public land embraced by the treaty of ITS 3 ; 
which principle, if extended, would include the public lands 
within the present limits of the original States. 

" As the discussion of the right of property, in that portion 
ceded to the Union by some of its members, was supposed to 
be terminated by the cession, and the destination of the lands 
is no longer a question — as the property of particular States 
in public domains retained in their respective jurisdictions, 
for their own purposes, has been long acquiesced in by 
common consent, and as it is not even pretended that the 
share of any claimant, in the proposed distribution, can now 
be augmented, on account of the public land so retained — it 
is not easy to perceive why we should be called to renew an 
inquisition into the motives and consideration of the accom- 
modation. If those States shall consent to revive the ques- 
tion, justice will award to us possessions far more extensive 
than those which have been heretofore allowed. It is, there- 
fore, believed, with all due respect for the Legislatures and 
the revolutionary merits of the two States before mentioned, 
that neither justice nor policy countenance, on this occasion, 
a recurrence to the topic of ' regal or proprietary ownership ;' 
which may serve to embarrass, but not to elucidate the question 



ADMINISTRATION OF ETHAN A. BROWN. 127 

proposed to be triumphantly carried by a majority formed of 
'one hundred and sixty-nine votes against seventeen!' 
An intimation of power you may be surprised to see intro- 
duced into an argumentative, official document, by a sister 
State, from whom we should have expected a more magnani- 
mous sentiment, in discussing a question of relative and dis- 
tributive justice. 

" The new States include their school lands ; but a differ- 
ent basis of computation is proposed for the old. No par- 
ticular mention is made of our contribution, to acquire the 
Indian title ; no plan promulgated, as an equipoise to the 
condition of settlement ; no allusion made in our favor to the 
fact, that Louisiana and the Yazoo lands were not purchased 
by the treasure of the sixteen enumerated States alone ; nor 
that the receipts for public land would have been less had not 
the inhabitants north of the Ohio stood the brunt of frontier 
wars. Respect prevents an imputation of these errors and 
omissions to any other than accidental causes, and solicitude 
of the claimants for their own interest ; but an equal vigilance 
for that of their western brethren could hardly have excluded 
us totally from the benefit of the uncontested argument, that 
' the common property ought to enure to the common use.' 

" Presuming that the disquisition of relative merit in the 
acquisition might well have been avoided in these reports, I 
trust you will support me in controverting the position that 
'the literary appropriations, heretofore made, have been 
granted for State, and not for national purposes ; and appro- 
priated, exclusively, to the use of the western citizen ;' and I 
rely on your assent, in contending that no part of the grants, 
treated throughout the reports as pure and simple donations, 
has been ceded to us, nor probably to any western State, 
without a consideration to the mil value. 

" In tracing the financial history of the Union, it will be 
found, that so early as May, 1805, Congress devised a plan 
for the disposal of the western lands, of which the reservation 
of section number sixteen, for schools, forms a feature which 
has been, ever since, preserved. We shall be far from denying 
the meritorial destination of the concession ; but it seems 
sufficiently apparent, although it may not be found " in the 
preambles of acts,' that in the embarrassment of the treasury 
attending that period, when the nation was too poor to be 
generous, Congress must have been actuated by other mo- 
tives than the mere encouragement of literature in a country 
destitute of white people. The raising of money, and the 
value of their possessions by sale and population, were more 



128 ADMINISTRATION OF ETHAN A. BROWN. 

pressing considerations, when the inducement of a school 
section was proposed, on condition of settlement / which has 
continued to be offered and accepted ; the object being 
marked, by its inuring to the benefit of the inhabitants, 
within each surveyed township. Those school lands within 
the purchases of the ' Ohio Company,' and in John Cleves 
Syrnines's, were clearly a stipulation for valuable considera- 
tion. The three college townships, there contracted for, are 
all the grants in Ohio for seminaries of a higher grade than 
common schools ; and their amount comports but ill with the 
arithmetic of the equalizing design. In ordinary transac- 
tions, a measure, analogous to this pursued by Congress, 
could not be mistaken ; it is every day's practice, without 
being thought to lay the purchaser under obligation. The 
same reasoning will apply to the three per cent, fund, for the 
making of roads. 

"It is not to be denied, that some distinction may be 
drawn, in this respect, between those settlers in the military 
tracts on Connecticut Reserve, and our other inhabitants ; 
yet the case of the former constitutes but a part of the system 
to induce settlement, and receives, besides, some counter-bal- 
ance from the actual sale in the purchases aforesaid. Even 
a gratuity to the revolutionary soldier can surely form no 
item of bounty to the State, in prejudice to other members of 
the confederacy ; nor can the question of " exclusive benefit " 
be affected by the circumstance that the grants were secured 
to us by compact. 

" But I beg leave to observe, that, beside the consideration 
thus paid by our citizens, the State, as a body politic, has 
abundantly remunerated the old members of the Union for 
the school lands, and all other grants made to her on her ad- 
mission. 

" The act of cession by Virginia, conforming with the or- 
dinance of 1787. required that States should be formed in the 
ceded territory, and 'admitted into the Union on an equal 
footing with the original States, in all respects whatever.' 
It will be recollected, that in construing this provision, there 
were not wanting politicians, who maintained, that if this 
were ' admitted a member of the Union, having the same 
rights of freedom, sovereignty, and independence, as the other 
States,' the United States would be placed in the situation of 
other proprietors here, as respects the liability of their lands 
to be taxed. No such claim was insisted on at the time of 
our admission, and the compact exempted their property, 
to the presumed amount of 14,500,000 acres, from taxation, 



ADMINISTRATION OF ETHAN A. BROWN. 129 

for five years after it should be sold. The exemption was not 
for the exclusive benefit of individual proprietors ; its effect 
upon the price of public and of other land is obvious — it 
added to the domestic taxes, and retarded public improve- 
ment. This immunity, at the medium rate of taxation, 
imposed by acts of the State Legislature, amounts in five 
years, to more than $900,000. In return for which the State 
of Ohio has received, 

1. The school lands, (if admitted,) which should be rejected 
from this account, as otherwise paid for. Their amount for the 
whole State, including the college township, is estimated at 
about 750,000 acres. 

It is probably incorrect to estimate these lands to us, by 
the average of receipts for many years, during which our 
population had received a prodigious increase, and the 
country became considerably cultivated. The inhabitants 
should not be charged with the increased value derived from 
their labor. Congress, after twenty years experience, has 
reduced the price fixed in 1800. It should not be forgotten 
that the price of the public land, sold before the opening 
of the land offices, was payable in evidences of the public 
debt ; and the value of these securities, at the time of the 
contracts, should be calculated. Choice, too, was offered of a 
large region of country ; the goodness of No. 16 depending 
upon chance, and the enjoyment of it remote. The true 
method would have been, to have estimated the value of the 
literary appropriations of Ohio in 1802 ; and they would then 
have been rated high at thirty cents per acre. 

2. Three per cent, on the nett proceeds from the sale of 
lands in the State, for roads ; the amount received, and esti- 
mate of that expected, when the land shall be sold, amount- 
ing to $600,000. 

So far as the application of this fund should serve to 
enhance the value of land, the benefit the United States 
might have calculated to derive from it, is supposed to have 
been (to that of the State,) as 14^- to 9$-. If we. admit its 
immediate convenience to the people, to balance the advan- 
tages accruing to both parties from the expenditure of the 
fund, it might obviate objections to charging the United 
States with one-half. 

3. The thirty-six sections including certain salt springs— un- 
alienable — the grant clogged with conditions that prevent their 
being made available, and if placed in the market at the time 
of their highest and overrated estimation, not worth the lowest 
cash price of public land under the late system. 

9 



130 ADMINISTRATION OF ETHAN A. BKOWN. 

Allowing the whole of these items, we are left creditors to 
a large amount. 

But the more correct statement of this account, will proba- 
bly be as follows: 

Five years taxes $906,250. 

School lands $000,000. 

One-half three per cent, fund, 300,000. 

Salt spring sections, never productive to the 
State, and never likely to be so, under existing 

regulations, 000,000. 

$300,000. 

In order to meet various views on the subject, 
we may make a copious allowance from this 
difference, 606,250. 

And still exhibit a balance of half a million of dollars, 
devoted to national, and not to State purposes. 

" I think it is, therefore, plain, that in every point of view 
in which the framers of the reports have thought proper 
to place the subject, their claim can not be sustained 
without disturbing the principles of harmony on which the 
cessions to the Union were adjusted — without a breach of 
equity towards the adopted members of the political family, 
nor, in the language of the reports, ' without a violation 
of the spirit of our national compact,' as well as the prin- 
ciples of justice and sound policy. 

These tacts are not adduced by way of complaint that Ohio 
has yielded for a poor equivalent, rights and privileges 
necessary to place her emphatically on an equal footing. 
"We have asked no favors from the United States, on the 
score of a hard bargain. We are even less querulous than 
some of our eastern brothers, who, in order to raise money 
and the value of their land, offered a premium to their 
citizens to settle in the west, and now officially complain 
they suffer by the emigration. The complaint, on our part, 
is against a scheme that treats our school lands as a gratui- 
tous bounty, entitling the claimants to a donation without our 
participation — against this agrarian project, which might, 
with the same propriety, embrace a three per cent, road fund, 
graduated on the same scale. 

"I have endeavored to show that the grants to the new 
States are not favors, and the case the report supposes, of a 
grant made to New York, and refused to Virginia, will not 
apply to our situation. In the supposition of an appropria- 
tion of the revenue arising from commerce, to education in a 
favored Slate, exclusively, the analogy equally fails. A 
more parallel hypothesis would have been, in supposing a 



ADMINISTRATION OF ETHAN A. BROWN. 131 

State to have relinquished a large amount of her iDternal 
taxes, and her citizens to have paid large sums, in considera- 
tion of a grant for their benefit. 

" If land in Ohio should be specially granted to the origi- 
nal States, and they should retain it, to derive revenue from 
the cultivation, (which, however, may not be intended,) you 
are too familiar with the consequences of expending, in the 
Atlantic States, the public money raised here, not to be sensi- 
ble of the impoverishing effect, to be caused by an additional 
drain of the annual rents from a large district of country. 

"Though the appropriations now claimed should be re- 
rased, it can not thence be inferred, that this State will remain 
indebted for her future rank in the scale of literature, or her 
children, for the rudiments of education, to the generosity of 
the old States, by reason of the liberality of the grants here- 
tofore made to her ; since it should be remembered that, in 
1802, the few inhabitants of our still young, though proud 
State of Ohio, just breathing from the hardships of their new 
settlements, under the numerous disadvantages described, 
without public treasure or domain, concluded an arrange- 
ment with Congress, whereby they made a sacrifice to the 
general prosperity, of an offering so great, as I have attempted 
to explain." 

Allen Trimble, Speaker of the Senate, was acting Gov- 
ernor from January 4, 1822, to December 8, 1822, Governor 
Brown having resigned at the former date. 

Governor Trimble, in pursuance of a resolution of the 
General Assembly, announced in his message of December 
4, 1822, that he had appointed Messrs. Caleb Atwater, John 
Collins, James 'Hoge, Nathan Guilford, Ephraim Cutler, 
Josiah Barber, and James M. Bell, Commissioners, to report 
a system of education adapted to common schools. 

At this period, a strong disposition in favor of uncondi- 
tional sales of the school land, was manifested in the Legisla- 
ture ; but doubts were entertained whether the assent of Con- 
gress was not requisite. An act was passed January 27, 
1823, that whenever leases of school lands were surrendered, 
no lease should afterward be granted for a longer term than 
one year, with a condition against waste ; and the Registers 
of the Virginia and United States military fund were required 
to make a detailed report to the ensuing General Assembly. 



132 ADMINISTRATION OF JEREMIAH MORROW. 



CHAPTER XI. 

ADMINISTRATION OF JEREMIAH MORROW— 1 822-26. 

Governor Morrow added to his other claims to grateful 
remembrance by the people of Ohio, a deep interest in com- 
mon school education. This is apparent from the following 
passage of his message, delivered on the 2d of December, 
1823, at the twenty-second session of the General Assembly : 

"Provisions for the encouragement of learning, and the 
support of schools, have been the frequent topic of executive 
recommendation, and of legislative discussion. Difference of 
opinion can not well exist as to the advantages to society 
from the general diffusion of education throughout the com- 
munity. Indeed, no sentiment is more generally held to be 
incontrovertible, among enlightened freemen, than that mo- 
rality and knowledge are necessary to good government. 
The necessary dependence which civil liberty and free insti- 
tutions in government have on the moral qualities and intel- 
ligence of the people, give importance to the provisions for 
the encouragement and support of common schools. An in- 
terest so important to the welfare of society, and to the 
future respectability of the State, should not be left on the in- 
secure ground of the force of moral sentiment in each mem- 
ber of the community, for its regulation and protection. 
However universal the agreement in sentiment may be, as to 
these views of the subject, there is still ground for difference 
of opinion as to the measure of support to be given, and the 
mode in which it shall be administered. In this State there 
are causes, extensive in their nature, for difference of opinion 
on the subject. The population is composed principally of 
emigrants from the different States of the Union, with habits 
and modes of thinking on the subject, as different as are the 
regulations of the States from whence they came. It will, 
then, require concessions of opinion, and the abandonment 
of early prepossessions to be made, before we arrive at a 



ADMINISTRATION OF JEREMIAH MORROW, 133 

favorable result. The systems of regulation for common 
schools, which have been adopted in the several States where 
any regulations have been made, may be reduced, in their 
essential features, to two classes. The mode in the one, is 
that of collecting the whole means for the purpose into a 
common fund, and from thence distributing to the several 
school districts throughout the State. The other is the organ- 
ization of the particular townships or districts for the purpose, 
and the vesting in the township officers the power to provide 
for the support and regulation of schools within each several 
township. These systems have each, when carried into 
effect, been found efficient, and have, perhaps, equally recom- 
mended themselves by their salutary effects. The latter sys- 
tem is unquestionably the most simple, and least expensive 
in its operation. It was that which was in use when the first 
reservations of lands for the support of schools were made by 
Congress, and appears to have been in view, by the terms in 
which they were made. They are made in the townships 
severally, and for the support of schools within the same spe- 
cially. This circumstance of the speciality of the appropria- 
tion of the school lands, to the use of the several townships 
and districts within a large portion of the State, would appear 
to recommend that system as the best adapted to the situation 
of the State. No benefit, it is believed, commensurate to the 
expense of the operation, would arise, from the collection of 
the proceeds of the school lands in the several townships and 
districts, into a general fund, when distribution shall be made 
in proportion to the receipts from each. The act of the 22nd 
of January, 1821, "for the regulation and support of com- 
mon schools," contains the general features of a system cal- 
culated for that purpose. But, however well the provisions 
may be adapted- to the purpose, they are rendered nugatory 
by the option given to the electors in the several townships, 
to give them effect or not, as they shall by their votes determ- 
ine. Was this act made positive, and in some other respects 
modified, we should have a system in force — perhaps not 
perfect — for the regulation of common schools, which could 
be further improved, as experience under it should point out 
its defects." 

At the previous session, the House of Kepresentatives 
adopted the draft of a memorial to Congress, but which was 
not acted upon by the Senate, asking the passage of a law 
declaring the authority of the State of Ohio to sell the school 
lands, and invest the proceeds with a State guarantee of an 



134 ADMINISTRATION OF JEREMIAH MORROW. 

income of six per cent, upon the amount, to be applied to the 
use of schools, pursuant to the original grants. At the 
next session, however, both branches, by their resolution of 
February 26, 182-i, concurred in a very elaborate memorial 
to the above purport. Although many of the statements of 
this document have been anticipated, yet as a clear review of 
the history of an intricate question, for more than a quarter of 
a century, it is deemed advisable to reproduce it. 

" The memorial of the State of Ohio, in General Assembly, 
respectfully represents, That by the act of the Congress, of 
the United States, passed the thirtieth day of April, in the year 
one thousand eight hundred and two, the following, among 
other propositions, were offered to the Convention, to be 
assembled for the formation of a State government for the 
people of the eastern division of the territory north-west of the 
Ohio, including the State of Ohio ; that is to say, that the sec- 
tion number sixteen in every township, and where such section 
had been sold, other lands equivalent thereto, should be granted 
to the inhabitants of such township for the use of schools. 

" Secondly, that the six miles reservation, including the 
Salt Springs, commonly called the Scioto Salt Springs, the 
Salt Spring near the Muskingum river, and in the Military 
Tract, with the sections of land which include the same, 
should be granted to the said State, for the use of the people 
thereof: Provided, the said Legislature should never sell, 
nor lease the same for a longer period than ten years. 

" That the foregoing propositions, when acted upon and 
considered in Convention of Ohio, and by an ordinance 
passed the twenty -ninth day of November, in the year one 
thousand eight hundred and two, the aforesaid propositions 
were accepted : Provided, That the following modifications 
should be made thereto, that is to say, that in addition to the 
first propositions securing the section number sixteen in 
every township within certain tracts to the inhabitants thereof, 
for the use of schools, a like donation, equal to the one-thirty- 
sixth part of the amount of the lands in the United States 
Military Tract, should be made for the support of schools 
within that tract, and also, that the like provision should be 
made for the support of schools in the Virginia Reservation, 
so far as the unlocated lands in that tract would supply the 
proportion, after warrants issued from said State shoidd have 
been satisfied, and also, that a donation of the same kind, or 
such provision as Congress should deem expedient, should be 



ADMINISTRATION OF JEREMIAH MORROW. « 135 

made to the inhabitants of the Connecticut Reserve, and that 
out of all the lands which might thereafter be purchased of 
the Indian tribes by the United States, and lying within the 
State of Ohio, the one-thirty-sixth part should be given 
as aforesaid, for the support of public schools, and that all 
lands before mentioned, to be appropriated for the use of 
schools, should be vested in the Legislature of said State of 
Ohio, in trust for said purposes. 

" That a certain proportion of the lands lying within the 
State of Ohio, had already been disposed of by the United 
States, and by patent, dated on the thirtieth day of September, 
in the year one thousand seven hundred and ninety-four, 
certain lands therein described were granted unto John 
Cleves Symmes, reserving to the United States out of each 
township within the same, lot numbered sixteen, for the use 
of schools, being one-thirty-sixth part of the whole tract 
granted as aforesaid. 

" That a certain tract had also been granted unto Manassah 
Cutter, and others, under the name of the Ohio Company, in 
which, lot number sixteen, being one-thirty-sixth part, was 
also reserved for the use of schools, in addition to which are 
the appropriations for the Ohio and Miami Universities, but 
to which last appropriations to the Ohio and Miami Univer- 
sities, your memorialists have only adverted, as not being in- 
tended to be embraced in the prayer of the memorial, here- 
with submitted. 

" That the ordinances of the Convention of Ohio, of 
November, one thousand eight hundred and two, gave rise to 
the act of the Congress of the United States, of the third day 
of March, in the year one thousand eight hundred and three, 
by which it was enacted more specifically : 

"1. That certain quarter townships in the tract commonly 
called the United States Military Tract, and in said act, par- 
ticularly described, amounting to the one-thirty-sixth part of 
the estimated whole amount of lands within that tract. 

"2. That certain other quarter townships in the same United 
States Military Tract, and in said act particularly described 
for the use of the tract of country commonly called the Con- 
necticut Reserve, were also by said act granted or reserved. 

" 3. So much of that tract within this State, commonly 
called the Virginia Military Reservation, as would amount to 
one-thirty-sixth part of the* whole tract, was also granted, to 
be selected by the Legislature of the State of Ohio, out of the 
unlocated lands in that tract, after the warrants issued from 
the State of Virginia should have been satisfied. 



136 ADMINISTRATION OF JEREMIAH MORROW. 

"4. There was also granted and secured by the same act, 
one-thirty-sixth part of all the lands of the United States, 
lying in the State of Ohio, to which the Indian title had not 
been extinguished, which might thereafter be purchased of 
the Indian tribes, by the United States, which thirty-sixth 
part should consist of the sections number sixteen, in each 
township, the specified and declared object of the aforesaid 
grants and reservations, were for the use of common schools, 
within the several districts of country therein specified, and 
were, as your memorialists conceive, granted upon full con- 
sideration arising from the increased value of the remaining 
lands belonging to the United States, and also from the relin- 
quishment, on the part of the State of Ohio, of the right to 
tax the lands of the United States, within the State of Ohio, 
until five years after the sale thereof; and that it was, by the 
aforesaid act, expressly declared that the several appropria- 
tions for schools made therein were in conformity with, and 
in consideration of, the conditions agreed on by the State of 
Ohio, by the ordinance of the Convention of said State, bear- 
ing date the twenty-ninth day of November, in the year one 
thousand eight hundred and two, and hereinbefore particu- 
larly referred to. 

" That your memorialists conceive that it was the intention 
of the parties to the compact aforesaid, that one-thirty-sixth 
part of all the lands within the State of Ohio should be 
granted to the people thereof, for the use of common schools, 
and should be placed under the control of the Legislature 
thereof; and that this construction is warranted by the spirit, 
and even by the letter of the different acts of the Congress 
of the United States, when considered in relation to the ordi- 
nance of the State of Ohio above referred to, and to which a 
direct reference is had by the aforesaid last recited act of the 
Congress of the United States. 

"That when it was afterward ascertained that the grant 
aforesaid, in relation to the tract of country commonly called 
the Virginia Military Reservation, would be rendered wholly 
inoperative, in consequence of the limitation and condition 
thereunto annexed, by reason of the great and uncertain 
amount of warrants which had been issued by the State of 
Virginia, together with the extended period for locating the 
same, the Congress of the United States, in pursuance of the 
stipulations of the compact aforesaid, by the act passed the 
second day of March, in the year one thousand eight hundred 
and seven, appropriated eighteen quarter townships, and 
three sections, as are in said act described, for the use of 



ADMINISTRATION OF JEEEMIAH MORKOW. 137 

schools in that tract of land, in the State of Ohio, commonly 
called the Virginia Military Reservation, which were, by the 
said act, also vested in the Legislature, in trust for the use 
aforesaid. 

"That at the period when the act aforesaid, making an ap- 
propriation for the tract commonly called the Connecticut 
Reserve, was passed, the Indian title had been extinguished 
to that part only which lies east of the Cuyahoga river, and 
the appropriation was made only in relation to that part 
to which the Indian title had been extinguished, and con- 
sisted of a tract equal to one-thirty-sixth part of the Reserve, 
to which the Iudian title had been so extinguished ; since 
which time the Indian title to that part of the Reserve lying 
west of the Cuyahoga river has been extinguished by the 
United States, for, and on account of the State of Connecti- 
cut, who made the necessary appropriations for that purpose. 

"That, as your memorialists conceive, it was in conformity 
with the spirit and intention of the compact aforesaid, and 
formed a material item of the consideration which induced 
the State of Ohio to make the concessions they did make 
under that compact, that they should receive, in return, lands 
equal to one-thirty-sixth part of all the lands within the State 
of Ohio, to be appropriated for the use of common schools 
within said State. 

" The Legislature of the State of Ohio, construing the 
terms and spirit of the compact in the manner above set 
forth, do not hesitate to represent to the United States that 
when the Indian title was extinguished to the tract of coun- 
try lying in the Connecticut Reserve, west of the Cuyahoga, 
the terms aforesaid required of the United States that a law 
should be passed, appropriating, from their unlocated lands 
within the State of Ohio, a tract equal to one-thirty-sixth part 
of the Connecticut Reserve, lying west of the Cuyahoga 
river, and that they, relying on the justice and good faith of 
the government of the United States, confidently anticipated 
the passage of such an act, in aid of the exertions of the 
State of Ohio, in establishing a system of common free 
schools throughout the State. 

" That in relation to the lands already appropriated, as above 
described, the Legislature of the State of Ohio, in pursuance 
of the trust aforesaid, and in aid of the great and important 
objects contemplated, have resorted to various methods of 
rendering them productive, and in particular, that of leasing 
them to such individuals as have applied therefor ; that expe- 
rience, however, has fully demonstrated that this fund will be 



138 ADMINISTRATION OF JEREMIAH MORROW. 

wholly unavailing in their hands, in its present shape. That, 
in order that the beneficial and laudable objects contemplated 
by the grants aforesaid may be secured to the people of the 
State of Ohio, it will, as your memorialists conceive, be neces- 
sary that the Legislature should possess the unlimited con- 
trol over the lands aforesaid, with the power of disposing of 
them in fee. 

" The objections which are urged against the present mode 
of administering that fund, are, in the first place, that by 
reason of the facilities which the State of Ohio affords for 
acquiring a property in real estate, a necessity exists of 
leasing the lands in question to persons almost wholly des- 
titute of pecuniary means, whereby the avails of those lands 
are rendered, at least, uncertain ; in consequence, also, that, 
as these lands are detached over the whole State of Ohio, the 
expense which must necessarily be incurred by creating a 
superintendence over them, renders them much less produc- 
tive than your memorialists conceive they might be rendered, 
if the lands were sold, and the proceeds concentrated in one 
fund. 

" The fact, also, before adverted to, that these lands must 
necessarily be entrusted to the possession of those of the 
lowest class of the community, and who possess no 
permanent interest in the soil, has produced a waste upon 
these lands of their timber, and otherwise, equal, perhaps, to 
the whole revenue which may have been derived from them. 
The fact, also, that, by holding them under the present tenure, 
your memorialists are compelled to offer upon lease so great 
a proportion of their soil, as will invite and retain a popula- 
tion within her boundaries, of a character not to be desired, 
and in amount so great as to create an evil which can only 
be conceived of, in a country where every individual, possess- 
ing a very moderate portion of industry aud economy, may, 
within a single year, appropriate to himself, in fee, a quan- 
tity of land sufficient to furnish means of support for an 
ordinary family, is also a circumstance which your memo- 
rialists conceive is not undeserving of consideration. 

" While the State of Ohio, in common with her sister 
States, shall have her ordinary proportion of idle and unprofit- 
able members, this great proportion of land, which must be 
held by lease, must of necessity 7 produce a corresponding 
feature in her population. Although many industrious and 
valuable citizens may be found among the lessees of school 
lands, yet it must be admitted, that the great body of those 
who constitute the strength and basis of every government, 



ADMINISTRATION OF JEREMIAH MORROW. 139 

and who are to be considered as the friends of good order and 
public improvement, are among those who are the owners as 
well as occupiers of the soil. Those evils, as your memorial- 
ists conceive, arise wholly from the system of granting these 
lands upon leases, and are such as can not be remedied by 
any course of legislation whatever, if, as some have supposed, 
the State have not the power, under the terms of the original 
grant, of disposing of these lands in fee. Notwithstanding 
your memorialists may be of opinion that they already pos- 
sess this right ; yet so long as the question shall admit of any 
doubt, it must of necessity have the effect to restrain its exer- 
cise : it is true, that if the forms of proceedings established 
by States as the rules of action for its members, shall or can, 
be brought to operate upon the States themselves, this ques- 
tion might, perhaps, be rendered still more uncertain ; but 
your memorialists conceive that the grants aforesaid, being 
made to the people of the State of Ohio, through the medium 
of the Legislature for the use of the people, that no limita- 
tions can have any operation, further than as it shall furnish 
an argument against diverting this fund from its original aud 
legitimate object. The Legislature of the State of Ohio being 
in all respects sovereign, within the Constitution, their 
capacity to do any and every act in relation to property 
which its citizens, hold in common is, as they conceive, 
necessarily implied, nor can they acknowledge that any rule, 
other than the Constitution, can operate with any obligatory 
effect, upon the power which has created the rule itself, ex- 
cept upon considerations of justice and policy toward those 
who may be affected by their acts. It may, it is true, be said 
these grants partake of the nature of a compact between the 
United States and the State of Ohio, and that, therefore, they 
are to be limited to their particular terms in relation to the 
State of Ohio. It is admitted that the grant exists in conse- 
quence of a compact ; but, inasmuch as the United States 
have received a full and valuable consideration, which 
formed the inducement of the grant, and inasmuch as 
they have not reserved to themselves any beneficial interest 
in the land aforesaid, or possibility of reversion or any title 
whatever ; it can not be supposed that they can possess any 
controlling power. It may be urged, also, that inasmuch as 
there has been no method pointed out in respect to the 
manner in which this trust should be executed, the Legis- 
lature of the State of Ohio have an unlimited discretion 
in this respect, and may avail themselves of every possible 
method of producing the greatest advantage to those whom 



140 ADMINISTRATION OF JEREMIAH MOKKOW. 

they represent. This argument, they conceive, is powerfully 
supported by the fact, that the same act grants to the State, 
as well as the school, the lands in question, as the six miles 
reservation, including the Scioto Salt Springs ; in respect of 
which hitter the Legislature are expressly restrained from 
selling the same or leasing them for a longer period than ten 
years ; and that the inference from this circumstance is direct, 
that it w r as the intention of the parties to that compact, that 
no such restraint should exist in relation to the other lands 
which did not come within this provision. While your 
memorialists have been thus particular in endeavoring to 
give the proper definition of the powers they possess, in 
order that no conclusions may hereafter be drawn unfavor- 
able to their claim from having mad© this application, and 
have thereby perhaps shown, that, in a particular point of 
view, this application is wholly unnecessary, the} T are of 
opinion that an act of the Congress of the United States 
declaratory of the extent of the grants aforesaid, will be pro- 
ductive of much benefit, in case the Legislature of the State 
should hereafter determine to dispose of the same. That it 
will have the full effect of removing every doubt in the minds 
of the purchasers, and thereby enhance the price which will 
be obtained for the same. 

"Therefore, your memorialists represent that it would be of 
advantage, and conduce to the future prosperity of the State 
of Ohio, that a law of the United States be passed, declaring 
the authority of the State of Ohio to dispose of the said 
lands granted for the use of schools within said State, in fee ; 
and that the proceeds thereof be invested in some permanent 
fund, the proceeds of which shall be applied under the direc- 
tion of the Legislature for the use of common schools within 
the townships or districts to which they were originally 
granted in said State, and for no other use and purpose what- 
ever : Provided, That the sections numbered sixteen, granted 
as aforesaid for the use of schools, shall not be sold without 
the consent of the inhabitants of such original surveyed 
townships, and that they may be authorized and empowered 
to sell and dispose of the aforesaid six miles reservation, 
including the Scioto Salt Springs, the Salt Springs near Musk- 
ingum river, and in the Military Tract, with the sections 
of land which include the same, and apply the proceeds 
thereof to such literary purposes as the Legislature of the 
State of Ohio may hereafter direct. 

"Resolved further, That the Governor be requested to 
forward the foregoing memorial to the Government of the 



ADMINISTRATION OF JEREMIAH MORROW. 141 

United States, and take such order and disposition of the 
funds as shall seem to him proper." 
February 26, 1821. 

The twenty-third session of the General Assembly, 1821-5, 
has the distinction of having established a tax of one-half a 
mill for school purposes in the respective counties. The dis- 
cussion had been warm, and a measure for supporting free 
schools by taxation, it is quite probable, only prevailed at this 
time because the friends of a canal system could not other- 
wise obtain the co-operation of sections of the State not 
directly interested in their construction. The strongest 
friends of free schools were from the east and north-east, 
while the canal interest was predominant in the central and 
western districts. Both measures have since become promi- 
nent features of State administration. 

Nathan Guilford deserves the honor of having secured the 
passage of the act of February 5, 1825, " to provide for the 
support and better regulation of common schools." Former 
commissions had been discordant on the subject : but early 
in the session, a joint committee on Governor Morrow's 
recommendation in respect to schools, had been appointed, 
consisting, from the Senate, of Nathan Guilford, Robert 
Young, Daniel Harbaugh, and David H. Beardsley; and 
from the House, of James W. Lathrop, Homer Hire, George 
B. Holt, and John Colton ; and their draft of a bill became 
a law, with scarcely a verbal alteration, although opposed 
with great bitterness. The bill was accompanied by a report, 
both being understood to be from the pen of Mr. Guilford ; 
most of the report was occupied with a review of the legisla- 
tion and condition of other States. One paragraph earnestly 
advocating free schools, should be quoted in honor of its author: 

"The system of free schools has always been found the 
most general and efficacious in its effects. It extends the 
means of common education to the door of every man, and 
among all ranks and conditions. It is particularly favorable 
to the education of youth in the country, where the population 
is scattered and difficult to be united without some general 
system for the purpose. In towns, cities, and villages, 



142 ADMINISTRATION OF JEREMIAH MORKOW. 

schools always exist, and when left to itself, education is 
always much better attended to in these places than in the 
country. Nothing but free schools has ever succeeded in 
diffusing education among the mass of the people who culti- 
vate the soil. This system scatters schools in every neigh- 
borhood, is within the reach of every farmer, and freely offers 
to the poor tenants of every cabin the means of instruction. 
The yeomanry of every country constitute its sinews and 
strength ; and it is among them that those wholesome, honest, 
and home-bred principles are preserved, which constitute the 
safety and honor of a nation. How doubly important is 
it, then, that they should be well informed ! In New England, 
where this system has prevailed ever since the first settle- 
ment of the country, it is extremely rare to meet with a 
person of either sex who can not read and write. A taste for 
reading, and n desire for farther information is thus created ; 
and in almost every town and village, a respectable circulating 
library is to be found. These common schools are the nurse- 
ries of the academies and classical seminaries which exist in 
almost every populous county, and which are the natural 
consequence of the common schools." 

The act of February 5, 1825, was as follows: 

" Whereas, it is provided by the Constitution of this State, 
that schools, and the means of instruction, shall forever be 
encouraged by legislative provision. Therefore, 

"Section 1. Be it enacted by the General Assembly of 
the State of Ohio, That a fund shall hereafter be annually 
raised among the several counties in this State, in the mauner 
pointed out by this act, for the use of common schools, for 
the instruction of youth of every class and grade, without 
distinction, in Reading, Writing, Arithmetic, and other neces- 
sary branches of a common education. 

"Sec. 2. That the Commissioners of the several counties in 
this State, at their appointed meeting, in June, eighteen hund- 
red and twenty-six, for the purpose of determining the per 
centum to be levied upon the general list, or grand levy, in 
their respective counties ; and at every such annual meeting 
thereafter, shall levy and assess upon the ad valorem, amount 
of said general list, one-twentieth of one per centum, or one- 
half of a mill upon the dollar, to be appropriated for the use 
of common schools in their respective counties, in the man- 
ner hereinafter provided ; which said assessment shall be 
apportioned among the several townships, levied and col- 
lected in the same manner as all other taxes for county and 
State purposes, and paid into the county treasury. 



ADMINISTRATION OF JEREMIAH MORROW. 143 

"Sec. 3. That it shall be the duty of the county Auditor, 
immediately after his annual settlement with the county Col- 
lector, to make out, and deliver to the Treasurer of said 
county, a certificate of the amount collected for the use of 
schools, upon the duplicate of each township ; and also to 
open an account in a book, to be by him kept for that pur- 
pose, with each of said townships, in which each township 
shall be credited with the amount collected as aforesaid, upon 
its duplicate for the use of schools. And the amount so col- 
lected, in each township, shall remain in the county treasury 
for the use of the schools in such township. 

u Sec. 4. That it shall be the duty of the Trustees of each 
incorporated township in this State, to lay off the same into 
one or more school districts, in such maimer as they shall 
think most suitable and convenient for the population, and 
different neighborhoods of the township, always paying a due 
regard, in forming such districts, to any school-house already 
erected, or district alread} 7 formed, and to any incorporated 
school company, and to schools in villages or populous towns. 

" Sec. 5. That when two or more townships adjoin, and 
the line of such townships divide a population which can 
most conveniently be formed into a school district, it shall, 
and may be lawful for a majority of the Trustees of each of 
the townships so adjoining, to meet and lay off such school 
district in such manner as will best suit the population of 
their respective townships. And each township from which 
such district is formed, shall contribute toward the support of 
schools therein, in proportion to the number of families be- 
longing to the parts of said township included in such dis- 
trict. 

" Sec 6. That it shall be the duty of said Trustees, imme- 
diately after laying off, and forming or altering any such dis- 
trict in their respective townships, to describe and number 
the same, and to deliver the number and description thereof, 
in writing, to the clerk of the township, who shall record the 
same in the township records : and when a district shall be 
formed out of two or more adjoining townships, or shall be 
altered, a description of a part thereof in each township, or 
any such alteration shall in like manner be delivered by the 
Trustees of the several townships to the clerks of their 
respective townships, to be by them recorded as aforesaid ; 
and it shall be the further duty of said Trustees to take, or 
cause to be taken, a list or enumeration in writing, of all the 
householders residing in each of said districts, and to deliver 
the same to the township Clerk, who shall record the same ; 



144 ADMINISTRATION OF JEREMIAH MORROW. 

and said Trustees shall have power to correct said list, by- 
taking a new enumeration, or inserting therein any changes 
which shall increase or decrease the number of householders, 
in said district, from time to time, when they shall think 
proper. 

" Sec. 7. That it shall be the duty of said township Clerks, 
as soon as they shall have recorded the same, to deliver to 
the county Auditor the number and description of each 
school district, and part of district, in their respective town- 
ships, and, also, the list or enumeration of the householders 
residing in each, and all alterations which shall from time to 
time be made. 

" Sec. 8. That it shall be the duty of the county Auditor 
to receive and file in his office the description and number 
of all such districts, with the name of the householders in 
each ; also, all alterations which shall from time to time be 
returned to him as aforesaid. 

" Sec. 9. That whenever any school district shall be formed 
as aforesaid, any one or more inhabitants of such district 
may call a district meeting, by notifying all the householders 
residing within said district, of the time and place of holding 
such meeting. And the householders, or inhabitants, of such 
district shall assemble together, in pursuance of such notice, 
and when so assembled in district meeting, if one-third of all 
the householders of said district be present, shall be a legal 
meeting, for the transaction of business, with power to 
adjourn from time to time. It shall be the duty of said 
meeting to organize and to choose a clerk, who shall keep a 
record of their proceedings : they shall then proceed to elect 
three school Directors, to manage the concerns of said dis- 
trict, who shall hold their offices for one year, and until their 
successors are chosen: the said district meeting shall also 
have power to designate and determine upon the site of a 
school-house, and to provide the means of building the same ; 
also, to provide the necessary funds, and to do all other things 
necessary for organizing a school in said district. 

"Sec. 1 10. That it shall be the duty of said school Direct- 
ors to employ a teacher, and to manage and superintend the 
concerns of said school ; it shall also be their duty, when 
necessary, to call district meetings, by giving due notice 
thereof to the householders of said district ; they shall also 
receive and faithfully expend all funds, subscriptions, dona- 
tions, or dividends of school funds ; and they, or any two of 
them, may make any lawful agreement for such purpose, or 
maintain any action at law, to recover any money due said 



ADMINISTRATION OF JEREMIAH MORROW. 145 

district, or any damage done to the property belonging to the 
same. 

" Sec. 11. That the Court of Common Pleas of each county 
shall annually appoint three suitable persons, to be called 
Examiners of Common Schools, to serve for the term of one 
year, and until their successors shall be appointed, and fill 
any vacancy which may happen, whose duty it shall be to 
examine every person wishing to be employed as a teacher; 
and if they find such person qualified and of good moral 
character, to give a certificate to that effect ; and any one or 
more of said Examiners may visit the schools in the county, 
and examine the same, and give such advice relative to 
discipline, mode of instruction, and management of said 
schools, as they may think beneficial. 

"Sec. 12. That no person shall be allowed to teach any 
district school until -such person be examined and approved 
by one or more of the Examiners of Common Schools, and 
receive a certificate of approbation from said Examiner o ■ 
Examiners ; and no teacher of any district school, who shall 
not have obtained such certificate, shall recover at law any 
wages or compensation for teaching such school. 

" Sec. 13. That the Trustees of each and every original 
surveyed township in this State, wherein there is the reserved 
section number sixteen for the use of schools, or to which 
township any such section, or other lands in lieu thereof, apper- 
tains, shall pay over to the school Directors of the several school 
districts, and parts of districts, within their respective town- 
ships, a dividend of all rents or monies received on account 
of said section, in proportion to the number of families in 
each district or part of district. 

"Sec 14. That it shall be the duty of the school Directors 
to pay the wages of the teachers, who shall have been by 
them employed, out of any money which shall come into 
their hands, from the revenues arising from donations made 
by Congress for the support of schools, or otherwise, so far as 
such money shall be sufficient for the purpose ; and for the 
residue of the wages of any such teacher, the said school 
Directors shall give to such teacher a certificate, particularly 
stating the length of time which said teacher has been em- 
ployed in teaching the school of said district, and the amount 
or balance due him on account of wages thereof. And it 
shall be the duty of the county Auditor, upon the presentment 
of any such certificate, to draw an order upon the county 
Treasurer in favor of such teacher, in payment of the amount 
so certified to be due, out of the dividend belonging to such 

10 



146 ADMINISTRATION OF JKREMIAII MORROW. 

district, provided such order shall not exceed the amount of 
said dividend ; which said dividend shall be struck and appor- 
tioned by said county Auditor, among the several districts of 
said township, in proportion to the number of families in each. 
"Sec. 15. That no township shall be entitled to receive 
any part of the moneys collected for school purposes, until the 
same shall be laid off into districts, and a list of the house- 
holders in each district taken and delivered to the county 
Auditor as provided by this act ; and no school district shall 
be entitled to receive its dividend of the money so collected, 
except in payment of the wages of a teacher duly employed 
and certified, as provided by this act ; and if the Trustees of 
any township shall not, within five years from the passage 
of this act, lay off the same into one or more districts, and 
take a list of the householders as aforesaid, it shall be the 
duty of the county Auditor to divide and apportion all the 
moneys collected upon the duplicate of taxes from such town- 
ship among the other townships of the county, which shall 
have been laid off into districts according to the number of 
families in each ; and if any school district in any township 
which may be laid off according to this act, shall neglect 
to employ a teacher and to keep a school therein at any one 
time for the space of three years, it shall be the duty of the 
county Auditor to divide and apportion the dividend among 
the other districts in said township which shall employ 
teachers, and keep schools, according to the number of 
families in each. 

M. T. Williams, 
Speaker of the House of Representatives. 

■ci i - icnt Allen Trimble, 

February 5, 1825. ^^ of ^ fc ^„ 

Governor Morrow congratulated the General Assembly, 
at the commencement of the twenty-fourth session, upon the 
legislation of the preceding winter, in the following terms : 

" The state of education, and means for mental improve- 
ment among us, can not be viewed with the same satisfaction 
as that of the other important interests of our country. 
Measures for improvement in this regard have been a 
standing theme of executive communication ever since the 
commencement of our government. Much has been said, 
and nothing effectually done, until at the last session of the 
General Assembly. Then, the incipient steps were wisely 
taken for the introduction of a system of common schools. 
From the institutions then authorized, if duly supported 



ADMINISTRATION OF JEREMIAH MORROW. 147 

and cherished by the Legislature, the most beneficial effects 
to society must result. The necessity of such support is 
obvious ; because it is a palpable fact, that science and 
intellectual improvement have fallen far behind, in their 
pace, the progress of population, wealth, and general im- 
provements, on the face of the country ; and equally unques- 
tionable that the cultivation of these are essential to the well- 
being of society. No interest, it is believed, confided to the 
Legislature is of more importance than this, whether we 
regard it in its influence on human happiness, or on the per- 
manency of our republican system." 

In his last message to the Legislature, December 6, 1826, 
Governor Morrow again referred to the school question, as 
follows : 

" It is conceived that, on an investigation, such as is pro- 
posed, into the public concerns, and on a view of the state of 
society at present, it will be found that the situation of this 
State is in many respects peculiar, and be discovered that the 
present period forms an interesting crisis in her destinies. 
The State has grown up almost to maturity, with a rapidity 
uuexampled ; her population is composed principally of 
emigrants from the several States of the Union, with the 
share of education common to the several States from whence 
they came : they have brought with them habits, maimers, 
customs, peculiar to the countries of their nativity and former 
residence, and which, for want of general intercourse, and 
a common system of education, remain fixed and unassimi- 
lated. "With that tide of emigration which so copiously 
flowed, were had a full supply of those qualified for the 
liberal professions. We have heretofore had the advantages 
of all the provisions made for education in the original 
States ; but now, from the comparative density of population, 
and the wider range of settlement toward an extended 
frontier, that flow of emigration has ceased. The society is 
placed on its own ground, with its own means to cultivate 
native resources, physical, mental, and moral. The inquiry 
is interesting — are we prepared, from the present state of the 
public institutions of learning, to become independent in 
that respect of the older States in the Union ? And is the 
present state of common school education such as to warrant 
the belief, that we shall establish and sustain a character to 
society of being respectable, moral, and intelligent? Or 
must we, in the neglect of improving our own means, supply 
the defect by a dependence on others. 



148 ADMINISTRATION OF JEREMIAH MORROW. 

" To remedy the evils, and avert the consequences, which 
must result from the present state of things, if they are not 
misconceived, will require a liberal spirit of enterprise and 
united exertion on the part of the community, as well as 
energy, with an enlightened zeal, on the part of the Legisla- 
ture. It is true that much has been done for general educa- 
tion, by the law for the regulation of common schools ; that 
system, however, is defective, and the hope can scarcely be 
indulged that, with its present provisions, it can be brought 
into general use. It contains not sufficiently the principle 
of either compulsion or inducement, to insure its general 
operation ; and experience has shown, that without one or the 
other of these, the chance of its being carried into effect, is, in 
the inverse ratio to the necessity of its use. Should this 
system be improved by more perfect provisions, and the 
fostering care of the Legislature be extended to our semin- 
aries of learning, giving them support as they shall have 
means ; and the plans for internal commercial intercourse, 
which are now in successful progress, be steadily persisted 
in, the flattering prospect is presented, and the hope may be 
indulged, that this State will rise to the exalted station, and 
continue to sustain that rank among the other States of the 
American Union, which by extent of territory, exuberance of 
soil, and salubrity of climate, she is entitled to hold, and that 
our country will soon become the seat of useful knowledge, 
where the arts and sciences will be firmly planted, and that 
in it will be found whatever can exalt and adorn society, and 
administer to the real happiness of man." 



CHAPTER XII. 

ADMINISTRATION OF ALLEN TRIMBLE.— 1826-30. 

Governor Trimble was inaugurated on the 19th of De- 
cember, 1826, and in the address delivered on that occasion 
remarked as follows : 

" Education is of such vital importance in its effects upon 



ADMINISTRATION OF ALLEN TRIMBLE. 149 

all the various relations of society, that it may justly be 
ranked among those subjects which should first claim the 
attention of a free and enlightened people. The diffusion of 
useful knowledge, is a theme on which the philanthropist, 
statesman, and divine, have long dwelt with enthusiasm. 
And to afford to youth the means of instruction, and to 
facilitate their march in pursuit of useful knowledge, has 
been the anxious care of the wise and good in every age and 
country ; nor can the political condition of that country long 
continue prosperous and happy, where the progress of intel- 
lectual and moral improvement is not commensurate with the 
development of its resources of wealth and power. The 
framers of our Constitution, in penning the charter of our 
rights, were not unmindful of the great importance of uni- 
versal education, in a Government deriving all its powers 
from the people, nor of their duty to posterity, when in strong 
and imperative language, they required ' that schools, and 
the means of instruction shall forever be encouraged by 
legislative provision.' The different executive officers of the 
State, impressed with similar views, have not failed to recom- 
mend the subject to the consideration of the Legislature ; yet, 
strange as it may seem, the subject was not acted upon until 
the year 1821, when, by virtue of a resolution of the General 
Assembly, a committee was appointed to report a system for 
the establishment of common schools, though no effectual 
measures were adopted to complete the system of education, 
until the session of 1821-5. To what extent the law has 
been carried into effect, and the estimation in which it is held 
by the people, must be best understood by their representa- 
tives ; it is fair however, to conclude, that an enlightened 
community, appreciating the value of knowledge, virtue, and 
morality, will approve a measure, upon the success of which, 
more than any other, depends the future fame and happiness 
of their country. The system is now in its infancy, but if 
approved by the people, and cherished by their representa 
tives, it will prosper, and insure a general diffusion of 
useful knowledge throughout the various classes of society ; 
and many of our indigent youth, who would otherwise be 
deprived of a participation in the means of instruction, will 
be reclaimed from ignorance, folly, and vice, and become 
useful members, and many of them ornaments, of society. 
Then may we indulge the animating hope, that general intel- 
ligence, virtue, and morality, will be the characteristics of 
the sons and daughters of Ohio. ISTo wise Government 
should afford the means of instruction to a few, in exclusion 



150 ADMINISTRATION OF ALLEN TRIMBLE. 

of the many ; but should extend a liberal and equitable 
patronage, shedding its benign and salutary influence through 
the medium of common schools, in which all may participate, 
and with a fostering and parental care, endow liberally its 
colleges and universities, where learning may pursue her 
march, and unfold to her sons those sublime lights and im- 
mortal treasures which science alone can boast. The policy 
heretofore pursued by the State, has been to commit the 
highest branches exclusively to the patronage of that part of 
the community who have felt the greatest interest in its suc- 
cess. But however munificent or devoted to the cause of 
literature, few of our citizens have been successful in raising 
funds to endow, even moderately, their favorite institutions. 
The Ohio and Miami Universities, endowed by grants of land 
from the General Government, from the proceeds of their 
domain, have supported reputable schools ; and it is gratifying 
to learn, that they, with a few other seminaries, are enabled 
to extend their usefulness to the community. Yet. it is a 
melancholy fact, that many of our young men have been, 
and now are, abroad, for want of the adequate means of 
instruction at home ; the consequence of which is a constant 
drain upon the resources of the State, of a large amount 
annually ; which, if judiciously applied, would contribute 
salutary aid to some one of our home institutions, and enable 
the parent who sends one son abroad, to educate at least two 
at home. Xor is this the only evil — our young men, by 
resorting to colleges in or near to populous cities of the 
Atlantic States, to pursue their studies, may, and frequently 
do, suffer losses more to be regretted, and much more fatal 
to themselves and their country, than the sacrifice of fortune. 
" The youth of our State, generally, partake of those habits 
of temperance, industry, and economy, and have imbibed 
those principles of virtue and morality, which characterize 
the great mass of our population. To place them in large 
cities, free from the guidance of their parents or guardians, 
where the allurements of pleasure, vice and folly are pre- 
sented in their most fascinating forms, is a test too severe for 
youthful minds. There are some, whose experience and 
fortitude may preserve them from danger ; but may we not 
fear that there are many who fall victims to dissipated habits 
and vicious principles ? And such is the high estimate set 
on whatsoever is of foreign growth, or acquired from abroad, 
that it is to be feared that, on the return of our young friends, 
even their vices and profligate habits, with the gloss of 
an eastern polish, will be considered by our unsuspecting 



ADMINISTRATION OF ALLEN TRIMBLE. 151 

youth, as accomplishments essential to the gentleman and 
scholar. If then, by sending them abroad, the sacrifice of 
wealth is certain, and the danger great, of demoralizing our 
most promising sons, and disappointing the brightest hopes 
of their friends and their country, the duty of providing for 
their education at home becomes imperative." 

The legislation at the twenty-fifth session was of much 
practical importance. Congress had not responded in accord- 
ance with the legislative memorial, asking a declaration in 
favor of the construction that the State might sell, instead of 
lease, section sixteen ; but on the 29th of January, 1827, an 
act passed the Legislature to that effect. It directed the 
county Assessors to record the votes in the original surveyed 
townships, for and against a sale, and deliver the book con 
taining the votes, to the county Auditor, who might receive 
legal votes until the third Tuesday of October following said 
April canvass of the townships. The county Auditor and 
two associate Justices were made triers of any contest as to 
the right to vote on such proposition of sale ; and even if the 
first decision by a township was adverse, still, on the petition 
of twelve white male inhabitants, of twenty-one years of 
age, (there being twenty or more such residents in a town- 
ship) the county Auditor might direct a further canvass on 
the subject. He was required to certify such proceedings to 
the Auditor of State. 

It was made the duty of the Auditor of State to report to 
the Legislature annually, on the first Monday of December, 
a statement of the votes given in every such township, or 
fractional part thereof, for and against a sale of section six 
teen, or any part thereof, belonging to the same, and also a 
summary statement of the valuation of such lands by the as- 
sessors. It was then provided, that they should be offered 
for sale, in such year as the Legislature might direct by joint 
resolution, or otherwise, by the county Auditor, under the 
direction of the State Auditor. The premises were to be ap- 
praised, and could not be sold below the appraisement ; but 
the title would be in fee simple, to be conveyed by the 



152 ADMINISTRATION OF ALLEN TRIMBLE. 

Governor when four payments of equal amount, one at the 
sale and three deferred, were completed. A certificate of 
sale issued first, and finally a deed, under the seal of the State. 
Of course, if the conditions of sale were not complied with, 
the premises were forfeited, and might be re-offered. The pro- 
ceeds of sales were to be first received by the county Treasurer, 
but were required, on or before the fifteenth of January, in 
each year, to be paid into the State Treasury. The usual 
directions for notices of sale and officers' fees were added. 

Two sections of the act, providing for the disposition of 
outstanding, permanent leases, were in the following terms : 

"Section 6. That in all cases where the county Auditor 
shall be instructed by the Auditor of State, as hereinbefore 
provided, to sell any of the sections sixteen, or fractional parts 
thereof, or other sections in lieu thereof, whereof leases may 
have been heretofore granted for ninety years, or for any 
other number of years, and renewable forever, it shall be 
lawful for the lessee thereof, or other person or persons being 
the lawful assignee or assignees, or owner or owners of such 
lease, to return such lease to the county Auditor of the 
proper county, and it shall be the duty of such Auditor to en- 
dorse on the back of such lease, that the lessee, or the owner 
or owners thereof, does release to the State of Ohio, in trust, 
for the use of the township to which the land belongs, all the 
right, title, interest and estate, which was originally granted 
by such lease ; which said endorsement shall be signed and 
sealed by the lessee, or the owner or owners thereof, in the 
presence of said Auditor, whose duty it shall be to enter in a 
book, to be by him provided for that purpose, the date of 
such lease, the name of the original lessee, the name of the 
owner or owners who surrendered the same, the range, 
township, section, quarter section, or part thereof, the num- 
ber of acres or other smaller quantity specified in such lease, 
the rate per acre, or value of the smaller quantity, at which 
the land was appraised prior to granting the same, and if 
such lease has been recorded, the number of the book and 
page in which the same may be found, and also the date 
when such lease was surrendered : Provided, That where 
any such leased land shall have been re-appraised after any 
such lease shall have been granted, according to any special 
law fur that purpose, the appraisement last made shall be 
deemed and taken as the true value of such land, to all 



ADMINISTRATION OF ALLEN TRIMBLE. 153 

intents and purposes as if the same had been inserted in such 
lease. 

"Sec. 7. That on the surrendering any permanent lease as 
aforesaid, such lessee, or the owner or owners of such lease, 
as the case may be, shall be eu titled to receive from such 
county Auditor a certificate of purchase for the land con- 
tained in such lease, by paying therefor the appraised value 
of said land, as herein before specified, together with all 
rents which may be due upon such lease, up to the time of 
surrendering the same, if any such rent be unpaid, in man- 
ner following, namely: all the rent due as aforesaid (if any) 
except as herein after excepted, together with one-eighth part 
of the appraised value of the land as aforesaid, shall be paid 
at the time of such surrender; and the residue of such ap- 
praised value shall be divided into seven equal instalments, 
one of which said instalments, together with interest at six per 
cent, on the whole amount of such appraised value remaining 
unpaid, shall be paid annually, from and after the date of the 
surrender of such lease, until the whole be paid." 

An act supplementary to the school act of 1825, created 
the office of school district Treasurer, and defined his duties ; 
authorized the School Directors to levy a special tax for 
building or repairing a school-house, not exceeding $300, 
provided three-fifths of the householders present at a meeting, 
called according to the act by the Directors, should agree 
thereto : all fines imposed and collected by any Justice of the 
Peace, for any offense or immoral conduct, were required to 
be paid to the district Treasurer for the use of schools ; and 
it was declared lawful for the Court of Common Pleas to 
increase the number of School Examiners, but not to exceed 
the number of organized townships in their respective 
counties. 

Another act was passed, January 30, 1827, establishing a 
fund for the support of the common schools. The proceeds 
of section sixteen were funded, and an income of six per cent, 
appropriated to the townships or district of country, (as the 
"Virginia, and United States Military,) with a pledge of the 
faith of the State for its annual payment. In addition, a 
State fund for the support of common schools was established, 
consisting of the net proceeds from the sales of salt lands. 



154r ADMINISTRATION OF ALLEN TKLMBLE. 

and such donations, legacies, devises, etc., as might be made 
to such fund, or to any person or persons in trust for the 
same, the interest thereof to be funded annually, until 
January 1, 1832, and then distributed annually to the several 
counties in the State for school purposes, in proportion to the 
number of free male inhabitants above the age of twenty-one 
years, as by law should be ascertained for the apportionment 
of representatives. 

Ten years after the enactment of the law above referred to 
for the sale of section sixteen, the operation of sections 
six and seven was thus explained in a report by Samuel 
Lewis, State Superintendent, to the General Assembly.* 

" Thus a school section in an improving settlement was 
leased at an early day — say from 1810 to 1820 — at the very 
low price at which lands in the country were then held, say 
from one to ten dollars per acre, for the term of ninety- 
nine years, renewable forever, subject to re- valuation every 
twenty or thirty years, as the case may be, for they vary in 
time ; the interest on the valuation was paid annually. In 
the meantime, the land had, when the law was passed, in- 
creased in value two or three hundred per cent., and, since 
its passage, has risen as much more ; so that land only pay- 
ing an interest of four dollars per acre is worth, in some 
cases, from twenty to thirty dollars per acre, and generally in 
that proportion at least. 

" By the operation of this law, the tenant may surrender 
his lease, and, on paying the former appraisement, take a 
deed in fee simple for land sometimes worth six times as much 
as he pays. Cases have come to my knowledge where land has 
thus been taken at six dollars per acre, worth, at the time, 
fifty dollars. Thus, the township which was, in fact, well 
provided with school lands, is deprived of almost the whole 
value, by a law which can in no case operate for their benefit, 
but always against them ; none but good lands are taken on 
those leases, and they are not surrendered unless they have 
greatly increased in value ; the tenants, to be sure, make 
their fortunes, but the schools are sacrificed. In this way a 
large quantity of land has been conveyed, aud a large 
quantity of valuable land is now exposed to the like opera- 
tion. The whole loss can not be estimated now, though it 

* These sections were repealed by an act passed March 16, 1838. 



ADMINISTRATION OF ALLEN THIMBLE. 155 

must be immense — in some single townships more than 
fifteen thousand dollars. A great number of citizens have 
urged the repeal of those two sections, or modifying them so 
as to avoid the present difficulties. 

" It is suggested, that the voters in townships where these 
lands lie were called on to vote, in many cases, without 
having seen the law, and without being informed that the 
lands sold must go at the former valuation ; there was no 
opportunity of publicly discussing the question ; the whole 
depended, in a great measure, on the influence of the person 
taking the vote, if he chose to exercise it ; and, in one very 
aggravated case, the assessor was a lessee on the land. No 
public vote could be got now to dispose of these lands at 
these terms ; and some complain that votes taken ten years 
since, before the lands had become valuable, and before they 
were advised of all the consequences, should be binding still 
where the leases have not been surrendered ; they say indi- 
viduals would not consent to take for their property now the 
same price they had fixed even five years since." 

Governor Trimble addressed the twenty-sixth session of the 
General Assembly as follows, upon the school policy of the 
State : 

" The experiment of educating all the youth of a com- 
munity, has been successfully made by several of the Amer- 
can States ; and it is a well attested fact, that under a well 
regulated system of common schools, the expense of imparting 
instruction is diminished, and the entire population may 
participate in advantages which otherwise would be limited 
to comparatively few. It is equally true, and a circumstance 
not to be lightly estimated, that of the many thousand chil- 
dren taught in the free schools in one of the most commercial 
and populous districts in the Union, not an instance had 
occurred in 1825, of one of them being convicted of a crime. 

" This circumstance alone carries with it an irresistible 
argument in favor of universal instruction, and should induce 
our fellow citizens, who are opposed to the introduction of 
the system of common schools, to adopt from motives of 
economy, a measure, which would expel ignorance and vice, 
rather than be taxed a large sum to punish crime. If the 
first should be neglected, the latter will be inevitable ; for no 
nation is ' permitted to be in ignorance with impunity.' 

" A school should be planted and supported in every 
neighborhood ; it would prove, if cherished and invigorated, 
a ' tree of useful knowledge, producing good without evil, and 



156 ADMINISTRATION OF ALLEN THIMBLE. 

help to make a paradise, as that of forbidden use occasioned 
the loss of one.' Impressed with the belief that a wise 
application of public money, for the purpose of education 
will contribute largely, as well to the present prosperity as to 
the future lame and happiness of the country ; I respectfully 
recommend an increase of the tax for common schools, and 
that such aid be given to our universities as will enable them 
to extend their means of usefulness, commensurate with the 
increasing requisitions for learning and literature throughout 
the country." 

By the legislation of 1827-8, the recent policy of the State 
in regard to the disposition of section sixteen, was extended, 
in all particulars, to the Virginia and United States Military 
Districts ; but leases of school lands were only authorized for 
not less than three nor more than seven years, unless the 
inhabitants had declared in favor of a sale, when leases were 
required to be from year to year only. 

At the twenty-seventh session, by the act of February 10, 
1829, three-fourths of a mill, instead of one mill, was levied 
for school purposes within the counties; provision was made for 
forming a school district from parts of two or more townships ; 
minute directions fur holding district meetings were given ; 
the powers and duties of School Directors, district Treasurer, 
and district Clerk, defined ; the number of county Examiners 
(still to be appointed by the Court of Common Pleas) fixed at 
not less than five nor more than the townships of the county ; 
rate-bills authorized, after failure of school fund ; and unless 
townships were districted and organized into schools within 
three years, then a forfeiture of school funds, etc. The first sec- 
tion of this act qualified its assurance of the " instruction of 
youth of every class and grade without distinction," by provid- 
ing " that nothing in this act contained shall be so construed as 
to permit black or mulatto persons to attend the schools hereby 
established, or compel them to pay any tax for the support of 
such schools ; but all taxes assessed on their property, for 
school purposes in the several counties of this State, shall 
be appropriated as the Trustees of the several townships may 
direct, for the education of said black and mulatto persons 



ADMINISTRATION OF ALLEN TKIMBLE. 157 

therein, and for no other purpose whatever." Suits on 
behalf of a district were to be brought in the name of the 
district Treasurer. 

In his message to the twenty-eighth session of the General 
Assembly, Governor Morrow said : 

" If there is any one subject which, more than another, 
claims your attention, as possessing within itself, in a greater 
degree, the means of preserving our free institutions, of in- 
creasing our happiness, and advancing our prosperity, it is 
education — a system of general instruction, that shall diffuse 
its blessings to every class, and shed its enlightening in- 
fluence on every mind. History is full of examples where 
popular liberty has degenerated into licentiousness and 
anarchy — where powerful factions have grown up to oppress 
the few ; and the people, incapable of governing themselves, 
to avoid the turbulent rules of many, have submitted to the 
tyranny of one. All men have the right, but the wise and 
the good only have the power, to remain free. 

" Should the subject of educating youth receive the atten- 
tion due to its importance, intelligence will become common, 
public virtue will accompany it, and united, they will form a 
basis upon which the freedom, future fame, and happiness uf 
the country will rest secure. The system of common schools 
which has been adopted by the State, like seed sown in good 
soil, is taking deep root, and promises a continued harvest 
of the first fruits of virtue as well as letters, which we hope, 
in many instances, to see ripened and refined in our higher 
institutions of learning. It is regretted that the number 
taught in our common schools is not known. In the Univer- 
sities of Athens and Oxford, and Kenyon College, which also 
deserve to be classed with the institutions of the State, there 
are about four hundred young men annually taught; and 
with but small additional expense, instruction might be im- 
parted to double that number." 

In an amendatory school act, passed February, 22, 1830, 
first occurred a provision, afterward often repeated in suc- 
cessive revisions, which exhibits a remarkable deference to 
non-resident proprietors. The tax for school-house construc- 
tion was limited as follows : 

" Be it enacted by the General Assembly of the State of 
Ohio, That no tax exceeding fifty dollars, in any one year, 
shall be levied by any school district, under the provisions 



158 ADMINISTRATION OF ALLEN TRIMBLE. 

of the tenth section of the act to which this is an amendment ; 
unless at least one-third of the property subject to taxation, 
within such district, be owned by persons residing therein ; 
and when one-third, or more, but less than half of the tax- 
able property within any district, be owned by persons 
residing therein, such tax shall not exceed one hundred 
dollars, in any one year ; and where half, or more, but less 
than two-thirds of such property, be owned by persons 
residing in such district, such tax shall not exceed two 
hundred dollars in any one year." 

By former legislation each householder was required to 
pay at least one dollar building tax ; this act reduced the 
minimum to fifty cents, and allowed a delinquent district tax 
to be paid without penalty. District school officers were re- 
quired to take an oath of office, and were subjected to a penalty 
for refusal to serve. Governor Trimble retired from the 
office of Governor with the following statement, contained in 
his message of December 8, 1830 : 

" Our common schools have gradually increased under the 
law for their regulation and support. From calculation, 
founded upon the enumeration of children between the ages 
of four and sixteen years, in the Virginia Military District, 
it is believed that not less than 350,000 children within the 
State, receive, or are entitled to receive, instruction in these 
primary schools. Our numerous academies and colleges are 
in a flourishing condition, and are all receiving a gradual 
accession of students. Our female academies are increasing ; 
and a deeper interest is felt throughout the State for the 
instruction of this most interesting part of our population." 

At this period the system of schools had assumed a form 
which, with the exception of the superintendence of Samuel 
Lewis for three years, was not materially modified, until the 
constitutional revision of 1851, and the legislation subsequent 
thereto. That period, therefore, instead of the separate con- 
sideration of each political administration, will constitute the 
next division of this historical outline. 



EXECUTIVE EECOMMENDATIONS. 159 



CHAPTER XIII. 

EXECUTIVE RECOMMENDATIONS— 1831-51. 

The testimony of those distinguished citizens, who have 
been honored by the people of Ohio with elections to the 
chief magistracy of the State, although uniform in its charac- 
ter, affords a guarantee of the value and usefulness of the 
school system, which it is deemed expedient to retain in 
these annals. During the twenty years under consideration, 
the office in question was filled more frequently by popular 
election than in the preceding thirty years ; consequently, 
the opportunity for unfavorable expression, if such had been 
the direction of public opinion, was very fully afforded. 

Gov. Duncan McArthur, in his message of December 6, 
1831, observed : 

" Having myself experienced much inconvenience, and 
frequent embarrassment, from the want of a more liberal ed- 
ucation, I feel more sensibly the great importance of securing 
to the rising generation the benefits of instruction ; and I 
most earnestly recommend to you, gentlemen, a continuation 
of those laudable efforts which have hitherto characterized 
our Legislature for the promotion of education. Our schools 
and colleges, from that valuable institution, the Sunday schools, 
up to those of the highest grade, should always claim the 
most favorable consideration of our Legislators. A well edu- 
cated and enlightened people only are capable of self-gov- 
ernment, the greatest temporal blessing which Heaven has 
bestowed upon man." 

Gov. Robert Lucas, in his inaugural, of December 7, 1832, 
said : 

"The Constitution declares 'that schools and the means 
of instruction shall forever be encouraged by legislative 



160 EXECUTIVE RECOMMENDATIONS. 

provision.' This is a subject that can not be too forcibly im- 
pressed upon our minds ; it has been urged by executive 
communication, from the organization of our government, 
but never, until the session of 1824 and '25, could the Leg- 
islature be brought to give their assent to the passage of a 
bill to regulate common schools. The first act met with se- 
rious opposition in some parts of the State, and petitions 
were presented for its repeal, but without success, the law 
having been continued so that the people have become ac- 
quainted with its objects, and are now generally in favor of 
the system. Subsequently to the passage of the first school 
law, an act was passed appropriating the avails arising from 
the sales of the salt reservations, as a foundation upon which 
to build a permanent fund, for the support of common schools 
within the State. This fund is, at this time, insufficient to 
answer any valuable purpose ; but I trust the time is not far 
distant when public opinion will be concentrated in favor of 
supplying the means of instruction, and that, by an increase 
of that fund, a system of common schools will be established 
upon a permanent basis, sufficiently enlarged to extend its 
benefits to every child in the State ; and that the higher 
branches will receive sufficient encouragement to enable them 
to extend their benefits in a proportionate degree. All that 
is wanting to accomplish this desirable object, is to have pub- 
lic opinion in its favor; with this, under Providence, we can 
accomplish any thing — without it, we can do nothing." 

Again, December 3, 1833 : 

"The establishment of a well-regulated system for the edu- 
cation of the rising generation, is among the most important 
subjects presented for legislative consideration; for nothing 
can be more important than general information to the citi- 
zens of a government, where the sovereign power is lodged 
with the people, and whose will, through their constituted 
agents, controls its operations. And as knowledge is power, 
in a government where every member has equal rights, its 
general diffusion must strengthen the bonds of society, and 
add to the durability of our institutions. A system of com- 
mon schools that will impart to our whole population the ben- 
efit of a competent business education, would vastly promote 
the happiness of individuals, and the prosperity of the State. 

" The importance of perfecting such a system can not be 
too firmly impressed upon your consideration. And while 
we consider common schools as the foundation of a well-regu- 
lated system of education, and entitled to the first consideration 



EXECUTIVE RECOMMENDATIONS. 161 

yet we are duly sensible of the benefits and importance 
of supporting, with all the means under our control, those 
institutions of a higher order that diffuse their benefits in a 
more eminent degree, none of which are more entitled to our 
commendation than those that have attached to them system- 
atic manual labor, where, in addition to the disciplining and 
cultivation of the mind, the pupil is carefully trained to habits 
of industry and morality, and thereby doubly prepared for 
usefulness in life." 

Governor Lucas, in his message of December 8, 1835, 
thus alludes to the European methods of instruction, and 
especially to M. Cousin's celebrated report to the French 
Government : 

"The subject of education has been frequently pressed 
upon the consideration of the General Assembly, and numer- 
ous acts have been passed on the subject of schools, acade- 
mies, colleges, and universities ; and, in addition to those 
institutions erected by law, many other means have been re- 
sorted to, by the pious and philanthropic classes of the com- 
munity, to diffuse intelligence, improve the mind, and reform 
the morals of the people. Yet our system of education is 
languishing, in proportion to our other improvements. The 
question may be asked, Why is it so ? It is admitted by all 
intelligent statesmen, that in knowledge consists the strength 
of all liberal governments ; that the prosperity and happiness 
of every people are in proportion to their virtue and intelli- 
gence. Notwithstanding this admission, but few nations in 
the world have established regular systems of elementary 
schools. This subject,- however, has, of late, excited the 
attention of some of the most enlightened nations of Europe, 
and the various systems of public instruction in operation in 
the different governments, have been examined by men of 
the highest literary acquirements ; and according to the re- 
port of M. Victor Cousin to the Minister of Public Instruc- 
tion in France, the Prussian system has been thought supe- 
rior to any heretofore established in any government in 
Europe. Though many parts of this system of public in- 
struction are not adapted to the spirit and feelings of the 
American people, nor to our form of government, yet, from 
the results of this great experiment in giving the whole 
people that kind and degree of instruction which they need, 
some of the most useful, practical lessons may be obtained. 
The nature and operations of the human mind are the same 

11 



162 EXECUTIVE RECOMMENDATIONS. 

in all countries ; and the relation which exists between 
knowledge and the intellectual and moral faculties, remains 
unchanged. M. Cousin has in his report made a mil and 
faithful statement of the workings, and practical application 
of the well-tried school system of Prussia. A copy of an 
American edition of this work has been forwarded to me by 
the publishers in New York. This system appears to be the 
result of a constant accumulation of practical knowledge for 
fifty years. The evils of either teaching or legislating which 
appeared, have received a remedy ; and the highest point of 
excellence of one age has been made the starting point of im- 
provement by the age succeeding. This experimental knowl- 
edge is what we want. The reason why we legislate for the 
education of the people so badly is, that there is little instruc- 
tion to be derived from past experience. In the preface to 
this work, the school systems adopted by the several States in 
the Union are examined, and whatever is deemed their defects 
are pointed out. The report of M. Cousin is divided into 
four sections, to- wit: general organization of public instruc- 
tion ; primary schools ; instruction of the second degree ; 
and higher instruction in universities. This book I have 
placed in the State library, and respectfully recommend it to 
the consideration of the General Assembly and to the School 
Committee, as a work containing much important information 
on the subject of education generally, and from which much 
useful knowledge may be obtained with regard to the estab- 
lishment and regulation of common schools." 

Governor Lucas signalized his retirement from the guber- 
natorial chair, by exerting his influence in favor of an appli- 
cation of the United States surplus revenue fund to school 
purposes, as well as by other practical suggestions of much 
value. In his message of December 6, 1836, he observes : 

" The first and most important subject to which your atten- 
tion is directed, is a communication from the Secretary of the 
Treasury of the United States, dated June 27, 1836 ; 
together with an act of Congress transmitted therewith, 
entitled ' an act to regulate the deposits of the public money.' 
A copy of the communication of the Secretary of the Treasury, 
together with a copy of the act of Congress referred to in the 
same, are herewith transmitted, to which I solicit your imme- 
diate consideration. 

" You will perceive that the thirteenth section of the act of 
Congress aforesaid, declares, ' that the money which shall be 



EXECUTIVE RECOMMENDATIONS. 163 

in the treasury of the United States, on the' first day of 
January, 1837, reserving the sum of five millions of dollars, 
shall be deposited with such of the several States,, in propor- 
tion to their respective representation in the Senate and House 
of Representatives of the United States, as shall by law, 
authorize their Treasurers, or the competent authorities, to 
receive the same on the terms hereinafter specified ; and 
the Secretary of the Treasury shall deliver the same to such 
Treasurer, or other competent authorities, on receiving certi- 
ficates of deposit thereafter, signed by such competent 
authorities, in such form as may be prescribed by the Secre- 
tary aforesaid ; which certificates shall express the usual and 
legal obligations, and pledge the faith of the State for the safe 
keeping and re-payment thereof, and shall pledge the faith of 
the States receiving the same, to pay the said moneys and 
every part thereof, from time to time, whenever the same 
shall be required by the Secretary of the Treasury, for the 
purpose of defraying any wants of the public treasury, be- 
yond the amount of five millions aforesaid : Provided, That 
if any State declines to receive its proportion of the surplus 
aforesaid, on the terms before named, the same shall be 
deposited with the other States agreeing to accept the same 
on deposit, in the proportion aforesaid. 

" I presume there can be but one opinion on the propriety 
and expediency of receiving our proportion of the surplus 
revenue, upon the terms specified in the act of Congress. 
The condition on which a re-payment can be required by the 
Secretary of the Treasury of the United States is for the pur- 
pose of defraying the wants of the public treasury. These 
wants would have to be supplied if this surplus fund had no 
existence. By the regular operation of our revenue laws, 
there is little probability that such wants of the public treasury 
will ever become sufficient to justify a demand upon the 
States, for the re-payment of their several proportions, depos- 
ited with them under the act of Congress aforesaid. 

"With this view of the subject, I can perceive no impro- 
priety in receiving our portion of the surplus revenue, and 
making immediate application of it, to permanent purposes 
within the State. The precise sum that may fall to our por- 
tion, can not at present be ascertained ; but from the late 
report of the Secretary of the Treasury of the United States, 
it will probably exceed three millions of dollars. This sum 
being providentially placed under our control, through the 
operation of our revenue laws, after the entire extinguishment 
of the national debt, is truly a cause of gratulation, and 



164: EXECUTIVE RECOMMENDATIONS. 

if judiciously applied within the State, to purposes of a per- 
manent character, can not fail to extend its benefits to the 
latest posterity. 

" This money is emphatically the property of the people, 
in which the poor and the rich have an equal right, and 
in its application special regard should be had to an equal 
distribution of the benefits to be derived therefrom. 

" On this subject I have thought much, and can devise no 
plan for the application of this money, that would be likely 
to diffuse its benefits to every class of community, more than 
its application to the support of common schools ; I would, 
therefore, recommend to your consideration, in the most 
express manner, the propriety of constituting it at once a 
common school fund, to be irrevocable ; the State to become 
the trustee of said fund, with authority to invest the principal, 
either to the extinguishment of the canal debt — to fill the 
loans authorized by law, for the purpose of extending our 
canals within the State, or for other public improvements — ■ 
or to vest it in such stocks within the State, as may be deemed 
most safe and profitable ; the interest or dividends accruing 
therefrom to be distributed annually among the several 
counties in the State, for the support of common schools 
therein, in proportion to the number of children in each 
county respectively. This would enable us to exalt the char- 
acter of our common schools, and lay the foundation for 
a superstructure of intelligence sufficiently spacious to extend, 
to every child in the State, a common school education, and 
to open the way, for those who may possess talents and an 
inclination to obtain a higher degree of education, to progress 
from step to step, to the highest degree of universal science. 

" This, gentlemen, is one of the most important subjects 
that has been presented for legislative consideration. Our 
system of public instruction has hitherto languished for want 
of the means of support ; the means now under your control, 
if applied to the purposes of education, can not fail to exalt 
the character of the State in an eminent degree. 

"It has been wisely said, that ' knowledge is power,' and 
that ' virtue and intelligence constitute the strength of repub- 
lics.' The truth of these maxims has been tested by all past 
experience. 

u To perfect a system of public instruction, I am convinced 
that we must begin with common schools, and that the most, 
effectual support that can be given to our academies, colleges, 
and universities, will be to raise -the standard of common 



EXECUTIVE RECOMMENDATIONS. 165 

schools, to that of preparatory schools, where the scholar can 
be prepared, under the immediate eye of the parent, for an 
entrance into a seminary of a higher degree. 

" The application of this fund in the manner suggested, 
will be attended with a double benefit ; the State will enjoy 
all the advantages to be derived from an immediate applica- 
tion and circulation of the principal, while the accruing 
benefits may extend to the latest generations. 

" The foregoing suggestions are respectfully submitted 
to your consideration, with an ardent solicitation that you 
will give to the whole subject that prompt and serious atten- 
tion to which it is justly entitled. 

"The resolution of the 11th of March last, 'providing for 
a School District Manual,' made it the duty of the Governor 
to appoint a committee of two persons, to prepare and report 
to the next General Assembly, a School District Manual, 
explaining the duties of all officers under the ' act regulating 
common schools,' 'with proper forms of proceedings, in 
levying taxes, holding school meetings, conducting suits, and 
in all other matters relating to district schools, etc' In 
compliance with the duty required by said resolution, the 
Honorable John H. James, of Urbana, and the Honorable 
Joseph R. Swan, of Columbus, were appointed said commit- 
tee, and severally accepted the appointment. The character 
of these gentlemen, is a sufficient guarantee that an able and 
explicit report on the subject referred to them will be male 
in due time. 

"A copy of the resolutions of the 14th of March, 'in 
relation to public instruction and education,' requesting the 
Eev. C. E. Stowe, Professor in one of the literary institutions 
in this State, to collect, during the progress of his contem- 
plated tour in Europe, such facts and information as he might 
deem useful to the State, in relation to the various systems of 
public instruction and education, which have been adopted in 
the several countries through which he may pass, and to 
make report thereof, with such practical observations as he 
might think proper, to the next General Assembly,' was 
transmitted under the seal of the State, to Professor Stowe, a 
few days after its passage, who acknowledged its receipt, and 
accepted the trust therein reposed. 

"He proceeded to Europe shortly afterward ; and his return 
to the United States (as I have been informed) was expected 
in November. I have not yet heard of his arrival. When 
he returns to Ohio, we may anticipate a lucid report on 



166 EXECUTIVE RECOMMENDATIONS. 

the systems of public instruction and education, in some of 
the most enlightened nations in Europe, from which lhuch 
benefit to the cause of education in Ohio may be derived." 

These views were enforced by Governor Joseph Vance, 
in his Inaugural Address of December 13, 1836, who 
remarked : 

"Gentlemen, there is one other subject I feel it to be my 
duty to bring to your consideration : 

"Under a law of Congress, that portion of the surplus 
revenue of the country belonging to Ohio, is about to be 
placed at your disposal. Various plans have been proposed 
for its application — some for applying it to the payment of 
the State debt, some for appropriating it to new objects of 
improvement, some for dividing it among the counties, and 
others in favor of its application to the establishment of a 
State bank. All these objects may be worthy of your con- 
sideration ; but it would be well for you in the first place, to 
inquire what is the character of this fund, and to whom it 
properly belongs, and see whether there is not a portion of 
society that have not that direct interest in the payment of 
the debt, the further improvement of the State, the building 
up of county interests, or the establishment of a bank, who 
have at least an equal, if not a paramount, claim upon a por- 
tion of this fund, and who can not agree that its application 
shall be made to these objects, without palpable injustice to 
their own immediate wants. 

" I can not say, with certainty, what portion of this fund 
belongs to this particular class of society ; but, from the best 
computation I have been able to make, at least one third of 
it is theirs, and should be applied to their exclusive benefit, 
and to no other use or purpose whatever. 

"This fund has been commonly, but erroneously, called 
the surplus revenue. It is, in reality, the avails of our 
great land capital converted into money, and not revenue^ 
which is the ordinary income of a country from imposts and 
taxes on her property, her trade, and her business. Thirty- 
five millions of the balance now in the treasury of the United 
States has arisen from the sales of the public lands, since the 
payment of the national debt for which these lands were 
pledged. This sum, at least, is the inheritance of the people, 
originally gained by the toil, and suffering, and blood of 
their revolutionary fathers. 

" It is a sacred gift to us, now freed from incumbrance, and 
belongs alike to the whole body of our people — 'the humblest 



EXECUTIVE RECOMMENDATIONS. 167 

and the proudest, the wealthiest and the most destitute.' 
That which we have received by the uncompromising fidelity 
of those in whom the guardianship and trust was reposed, it 
is our duty to invest and preserve for ourselves and for our 
posterity. 

"Then, gentlemen, it is your duty to make the computa- 
tion, and see what portion of it belongs to the poor and 
destitute. Remember that you are now about to become 
their trustees and guardians, and that a heavy responsibility 
rests upon you to make such application of their means as 
will enable them to become worthy members of society, and 
enlightened and useful citizens of the State. This can only 
be done by building up our common schools ; and when we 
reflect that the very foundations of our political system rest 
upon the virtue and intelligence of our people, and that the 
interest at stake is no less than the perpetuation of our free 
institutions, you can not falter in your exertions to accom- 
plish the great object in view. 

"Read our Constitution, and there learn what were the 
feelings of our fathers upon this subject. The twenty-fifth 
section of the eighth article reads thus : ' No law shall be 
passed to prevent the poor in the several counties and town- 
ships in this State from an equal participation in the schools, 
academies, colleges, and universities of this State, endowed 
in whole or in part from the revenues arising from donations 
made by the United States.' 

"How has this injunction been regarded ? We, to be sure, 
have not passed a law to prohibit the poor from entering our 
colleges and universities, but from a want of that system and 
organization necessary to give efficacy to our common schools, 
they are as much excluded as if they were prohibited by pos- 
itive statute. 

"Our school system has had great difficulties to encoun- 
ter; it has been met by the combined force of avarice, 
wealth and ignorance ; but I now congratulate its early 
advocates that their labors are about to be crowned with 
success. A fund is now within their reach that avarice has 
no claim to, wealth can not control, and which will make 
ignorance itself acknowledge its fatal error, and bow in 
perfect submission. Then let the grumbler no more talk 
about his heavy contributions for the education of the poor ; 
if the poor and the destitute get their rights, they will no 
longer be quartered upon his bounty ; but rather let it be our 
ambition to vie with each other in our exertions to bring into 
form a system of education which will insure a faithful and 



168 EXECUTIVE RECOMMENDATIONS. 

impartial application of the means now at onr command, 
with those in prospect, so that a diffusion of the benefits and 
blessings of a thorough common school education shall reach 
every child throughout every section of our State. 

" No person can appreciate more sensibly than myself the 
want of an early education: even in the place in which I 
now stand, it is felt with a pungency and force more easily 
understood than explained. This whole matter is now about 
to be committed to your care ; and I have a strong confidence 
that it will meet with that favor that its high claims upon 
your consideration so loudly calls for." 

In his message of December 5, 1837, Governor Yance 
enlarged upon the preceding views, urging as a permanent 
national policy the distribution of the public lands for school 
purposes. 

Governor "Wilson Shannon, in his Inaugural Address of 
December 13, 1838, said : 

" In a republican government like ours, where the sover- 
eign power is vested in the people, and where virtue, intelli- 
gence, and patriotism are indispensably necessary to the 
maintenance and perpetuity of our free institutions, the sub- 
ject of education should be one of the first importance. No 
people, in an organized state of society, can be either free or 
happy without virtue and intelligence ; and, to secure both, 
a well digested and liberal system of education is indis- 
pensable. 

"The framers of our Constitution, convened for the purpose 
of creating the organic law of our State, were so deeply 
impressed with the primary importance of education, that 
they declared in the constitution itself, that ' religion, moral- 
ity, and knowledge, being essentially necessary to good gov- 
ernment and the happiness of mankind, schools and the 
means of instruction shall forever be encouraged by legisla- 
tive provision.' So universal and wide-spread is the opinion 
that education is indispensable to the perpetuity of our insti- 
tutions, and the well-being and happiness of the people, that 
we find similar declarations in the Constitution of every State, 
perhaps, in the Union. The European communities are also 
alive to the importance of this subject ; and the persons in 
power, yielding to the strong current of public opinion, or 
actuated by an enlightened and patriotic sense of public duty, 
have established some of the best systems of education with 
which I am acquainted. I trust that we will not disappoint 



EXECUTIVE RECOMMENDATIONS. 169 

the just expectations of the trainers of the Constitution, or 
fall behind the spirit of the age, by neglecting to foster and 
cherish a broad and liberal system of education, which will 
iurnish the means of instruction to all the rising youth of the 
State. It is not by the erection of academies, colleges, and 
universities, that a people are to become educated ; these, it 
is true, are highly useful, and justly considered indispensable 
in every well organized system of education ; but their ben- 
efits and advantages, from necessity, must be limited to a few 
individuals, and those generally of the more wealthy portion 
of the people. It is only by the system of free common 
schools that the means of education are furnished to every 
one — that the rich and the poor are alike able to avail them- 
selves of the advantages of instruction, and the whole com- 
munity enlightened and improved. 

" Our common school system, which was commenced in 
1825, and which, since then, has undergone various modifica- 
tions and changes, has no doubt been the means of doing 
some good ; but it is to be regretted that our legislation on 
this subject has been so unstable, that it has been difficult for 
those whose duty it was to carry out the law, and put the sys- 
tem into practical operation, to keep pace with the contin- 
ually changing provisions of the statute. This has no doubt 
been owing to a laudable desire, on the part of the Legislature, 
to improve and perfect the system ; but it has prevented the 
people from becoming acquainted with the mode of doing 
business under it, and, in some cases, excited objections 
which would not otherwise have existed.- 

"It is to be hoped that the light which has recently been 
shed upon this subject, and our past experience, will render 
our legislation in reference to common schools, less changea- 
ble than heretofore. From the various sources provided by 
law, there will, hereafter, be annually applicable to the object 
of common school education near half a million of dollars. 
This fund, if judiciously applied, will do much to promote 
the cause of common school education in our State, and dif- 
fuse among the youth of the country that universal intelli- 
gence so essential to the happiness of mankind, and so indis- 
pensable in the preservation of our republican institutions. 

" Under the present act, for the support and better regula 
tion of common schools, our German population are, in some 
degree, excluded from its benefits. The present law requires 
that Reading, Writing, and Arithmetic, shall be taught in 
the English language: Provided, however, That any other 
language may be taught in addition to the English, at the 



170 EXECUTIVE RECOMMENDATIONS. 

discretion of the Directors. Although the German may be 
taught in connection with the English language, if the School 
Directors so order, yet it is impossible, in many places, to 
procure a teacher capable of teaching both German and Eng- 
lish, or to procure an English teacher capable of teaching 
German children. The consequence is, that in German set- 
tlements, they are unable to sustain any other than German 
schools, by which they are entirely excluded from the benefit 
of the school fund. This is not justice, to say the least. 
The Germans contribute their equal proportion toward the 
school fund, with other citizens ; they have the same interest 
in it with others, and no portion of the community more 
cheerfully comply with all the laws of the country than they 
do. They constitute a large portion of our population, and 
are increasing annually. They are industrious, frugal, intel- 
ligent and virtuous, and devotedly attached to our free insti- 
tutions. Their rights and interests should not, therefore, be 
disregarded. Why not leave it discretionary with each dis- 
trict, whether the English, or German or both, shall be 
taught? It is true it may be desirable that all our population 
should be capable of understanding the English language, 
but this can not be brought about in a day ; it will require 
time, and must, and no doubt will, take place gradually, by 
the necessary and continual intercourse between the German 
and English population. But it can not be produced by an 
arbitrary act of legislation, requiring that to be done which 
is impracticable, either on account of the feelings and educa- 
tion of parents, or the impossibility of procuring suitable 
teachers. 

"Our German population should be furnished with the 
school, and all other important laws of the State, printed in 
their own language. A large portion of them, from their 
avocations and advanced age of life, are prevented from 
learning the English language. They are required to obey 
the law, and comply with its various provisions ; and if they 
fail to do so, they must abide the consequences. The means, 
therefore, of becoming acquainted with it should be placed 
within their reach." 

Again, in his annual message of December 3, 1839. 

" Education, and moral and intellectual improvement 
among our citizens, are steadily and rapidly advancing under 
our liberal system of iustruction. That general intelligence 
which is, and must ever continue to be, the great bulwark of 
our republican institutions, and which is the result, in a great 



EXECUTIVE RECOMMENDATIONS. 171 

degree, of our liberal system of education, and the inquiring 
spirit of the age, is rapidly increasing throughout the whole 
country. It is a duty which we owe to ourselves, as well as 
to posterity, to adopt all the necessary means, which prudence 
may suggest and wisdom devise, to preserve and perpetuate our 
free institutions. From the history of the past we may learn 
something of the future ; and it is a fact worthy to be re- 
marked, that no other people have long been able to preserve 
their freedom, when the mass of the community were unedu- 
cated and uninformed. The great and unprecedented suc- 
cess which has marked our free institutions, and the wisdom 
and prudence which has generally characterized the adminis- 
tration of our public affairs, are mainly to be attributed to the 
force of enlightened public opinion, emanating from an intel- 
ligent and well educated community. If we expect to avoid 
the fate of other republics in times past, and preserve our 
free institutions from the inroads of despotism and the selfish 
ambition of the designing!: few, we must foster and cherish 
the means of general instruction. An enlightened system of 
education, by which the rising youth in each succeeding 
generation will be prepared and qualified to act the part 
assigned them by the theory and fundamental principles of 
our government, as they take their position on the stage of 
human action, is the strongest barrier that can be presented 
against anti-republican principles. "We may with confidence 
anticipate, that so long as we maintain a liberal, enlightened, 
and general system of instruction in our State, our free insti- 
tutions will be maintained, liberty and a love of order and 
good government will be cherished, and, under Providence, 
we will continue to be a prosperous and happy people. 

" There is some opposition still existing to our system of 
common schools ; nor is it to be presumed that the system is 
without some objections, or that any general law could at 
once be put in operation that would meet with universal 
approbation. The system established by the present school 
law is, comparatively speaking, new, and we have not become 
familiar with the mode of doing business under it ; but it is 
doubtful whether a better system, as to its general features, 
could' be adopted ; or one that would give more universal sat- 
isfaction to the people. Time and experience will suggest the 
defects in the present school law, and they will, no doubt, be 
gradually removed by legislative action, until it is rendered 
as perfect, and as satisfactory to the public as any system 
which could be devised. Any great and radical change, 
unless for very obvious and weighty reasons is to be 



172 EXECUTIVE RECOMMENDATIONS. 

deprecated; new experiments should be avoided; and our legis- 
lation on this subject should assume a stable character. The 
law of last session, by removing the just causes of complaint, 
has had the effect of reconciling, in a great degree, our 
German population to the present school law. I have not 
heard of any complaints from this valuable and patriotic por- 
tion of our fellow citizens, since they have been permitted to 
an equal participation with other citizens in the benefits of 
the s} 7 stem. 

" I would respectfully call your attention to the very able 
and satisfactory report of the Superintendent of Common 
Schools, made at the last session of the Legislature, on the 
subject of school lands, and the proceeds of school lands. It 
will be perceived, upon an examination of that report, that 
several townships in this State have been deprived of school 
section sixteen, and have never received any section in lieu 
thereof; and that they are entitled, either from the State or 
General Government, to an equivalent for the land of which 
they have been deprived. Also, that there is a deficiency in 
one of the quarter townships, in the United States Military 
school land, of four hundred and eight acres, as found on 
actual survey, which Congress would, no doubt, make good 
upon a proper application. There were a large number of 
fractional townships in this State having no section sixteen, 
and unprovided with school land under the original law. 
In eighteen hundred and twenty-seven, Congress passed a 
law, giving to each township and fractional township, for which 
no previous provision had been made, school lands in proportion 
to the size of the township, to be selected in the respective land 
districts, where the townships unprovided for were situated. 
The amount of school lands due this State under this act, was 
about thirty thousand acres. What proportion of this has 
been selected, I am unable to state, but no selections have 
been made, as I am informed, in the Chillicothe land district, 
where a great number of these fractional townships are situ- 
ated, on the ground, that there is no suitable land within the 
district subject to be selected. In all cases where suitable 
selections can not be made, under the law, within the land 
districts, Congress should permit the selections to be made 
from other government lands out of the district. This is so 
obviously just, that upon a proper application to Congress, I 
presume they would not hesitate to authorize selections to be 
made from any government lands within the State. I would 
respectfully suggest the policy of submitting the whole sub- 
ject to Congress, at the present session, and asking that body 



EXECUTIVE RECOMMENDATIONS. 173 

to pass a law, providing for those fractional townships which 
have been deprived of school section sixteen, and to authorize 
selections to be made under the act of Congress of eighteen 
hundred and twenty-seven, from any lands belonging to the 
general government in the State. The only lands owned by the 
United States, within the limits of Ohio, that are considered 
of much value, are the reserved sections embraced within the 
limits of the Wabash and Erie, and Miami Canal grants. 
These lands, it is expected, will be brought into market, and 
6old the ensuing year ; and unless Congress can be induced 
to act immediately on the subject, their interference hereafter 
can be of little use to the State. Our school fund, and the 
means of education, have been permanently impaired by that 
improvident system of legislation which authorizes, under cer- 
tain circumstances, the sale of our school lands. It seems to 
me our true policy is, to retain these lands for the benevolent 
and wise purposes for which they were intended, and to 
authorize their sale in no case unless under very peculiar 
circumstances, and when the interest of our school fund would 
be obviously promoted." 

Also, in the message of December 8, 1840 : 

" The cause of education and intellectual improvement has 
continued to advance under our liberal and enlightened sys- 
tem of instruction. At no period heretofore have our colleges, 
academies, and common schools been in a more flourishing 
and prosperous condition than they are at the present time. 
The deep solicitude felt by parents generally to have their chil- 
dren receive a good education, and the noble ambition that 
characterizes so many of our youth to attain this desirable 
object, can not fail to excite, in the bosom of every patriot 
and friend to our democratic institutions, well-grounded 
hopes that they will long continue to shed their blessings and 
benefits on a great, prosperous, and intelligent people. 

" It is a fact that can not be too often repeated, or too 
deeply impressed on the minds of the present and rising 
generation, that our free institutions can only be preserved 
and perpetuated by a virtuous, intelligent and uncorrupted 
people. The history of all free governments admonishes us 
of the danger to which public liberty is most exposed. We 
are differently and more favorably situated, it is true, than 
any of the republics of ancient or modern times. Our 
population are scattered over a wide surface ; engaged on 
their farms and in their work-shops ; pursuits well calculated 
to promote and encourage the growth of that virtue and love 



174 EXECUTIVE RECOMMENDATIONS. 

of liberty, the want of which has been so fatal to the cause 
of free government in other countries and other times. It is 
on the great producing classes, which constitute and ever 
must constitute a large majority of our population, that we 
must mainly rely for the preservation of our free institutions. 
They are honest, patriotic, and intelligent, and will so con- 
tinue unless the means of education are neglected, and the 
onward march of intellectual improvement, which so pre-em- 
inently characterizes the age in which we live, should receive 
some great and unexpected check. Notwithstanding, how- 
ever, our circumstances and population are so auspicious 
to the growth and perpetuation of public liberty and free gov- 
ernment, we should not be unmindful of the means by which 
they are to be preserved and best secured. It is the duty of 
every citizen of the State to promote the cause of virtue and 
encourage the diffusion of intelligence. But it is peculiarly 
the province of those who have been selected by the people 
to discharge the important and highly responsible trust of 
legislating" for the country, to guard against the growth of 
vice, ignorance, and corruption, by encouraging, by all proper 
means, the education of the rising generation, and thereby 
enable them to enter upon the important duty which, in the 
rapid course of time, will devolve upon them of preserving 
our free institutions in their original simplicity and purity, 
and handing them down, unimpaired, to posterity." 

Governor Thomas Corwin, in his first annual message of 
December 7, 1841, (he was inaugurated at the close of 1840,) 
thus expressed himself: 

"It is in times of profound tranquillity, when the people 
are undisturbed by the tumults of war, that the duties of en- 
lightened patriotism invite us to the grateful task of giving 
deptli and permanency to our free institutions. It is only at 
such periods that a commonwealth can hope to deliberate 
calmly and successfully upon systems of polity, calculated to 
stimulate industry, by giving it legal assurance that it shall be 
protected in the enjoyment of its acquisitions; to strengthen 
general morality, by laws which shall tend to suppress vice 
and crime in all their forms ; to give energy and independ- 
ence of character to all classes, by measures which will pro- 
mote, as far as practicable, equality of condition, and thus 
establish rational liberty for ourselves, and give hope of its 
continuance for ages to come. 

"Of measures which contribute to these ends, education, 
comprehending moral as well as intellectual instruction, is of 



EXECUTIVE RECOMMENDATIONS. 175 

the first importance. Under a Constitution like ours, which 
imparts to every citizen the same civil rights, education must 
ever remain a subject of vital interest, in reference to the 
general welfare of the State. If we are to trust the lessons 
of history, we are brought to the conclusion that government 
is, and always has been, the most efficient of all the causes 
which operate in forming the character and shaping the des- 
tinies of nations. Where the right of suffrage is so unrestricted 
as with us, government is necessarily the offspring of all the 
people, and will reflect the moral and intellectual features of 
its parent, with unvarying fidelity. 

" If the speculations of the most profound thinkers had 
left us in doubt upon this interesting subject, the familiar his- 
tory of the last century alone has furnished numerous and 
melancholy proofs, that no people to whom moral and intel- 
lectual culture have been denied, are capable of achieving or 
enjoying the blessings of rational liberty, founded upon any 
system which tolerates popular agency in the conduct of pub- 
lic affairs. So profoundly impressed with this great truth 
were the framers of our Constitution, that they did not leave 
it to the judgment of the future to decide. They did not al- 
low the subject of education to remain in that class which 
might be, in after times, adopted or rejected upon the doubt- 
ful test of expediency. They incorporated it into the Consti- 
tution. In the third section of the eighth article of the Con- 
stitution, it is expressly declared that 'religion, morality, and 
knowledge, being essentially necessary to good government 
and the happiness of mankind, schools and the means of in- 
struction shall forever he encouraged by legislative provision, 
not inconsistent with the rights of conscience.' In the schools, 
the encouragement of which is thus enjoined as a proper sub- 
ject of legislative provision, it is apparent that the makers of 
the Constitution intended to combine moral with intellectual 
instruction. All experience and observation of man's nature 
have shown that merely intellectual improvement is but a 
small advance in the accomplishment of a proper civilization. 
Without morals, civilization only displays energy, and that 
the more fearful in its powers and purposes as it wants the 
restraining and softening influences which alone give it a 
direction to objects of utility or benevolence. 

" The object in view, when our present^system of common 
schools was established by law, was, doubtless, the same em- 
braced by the provisions of the Constitution. As the habits 
and opinions of our population touching the subject, were 
exceedingly diverse, the system worked its way to favor in 



176 EXECUTIVE RECOMMENDATIONS. 

the public mind, under auspices by no means favorable. 
Hitherto, however, it has met with little opposition in any 
quarter, and may be considered as a part of the permanent 
policy of the State. While, therefore, it would be both un- 
wise and impracticable to attempt any radical change, it is 
obvious that experience will, from time to time, suggest im- 
provements. The law formerly provided a Superintendent, 
with powers of general supervision of the schools throughout 
the State. This officer has been dispensed with, and his du- 
ties transferred to the Secretary of State. The time of this 
officer and his attention, it is obvious, will generally be 
mainly employed in the proper duties of Secretary of State. 
I submit to the Legislature whether it is not proper, even in 
a pecuniary view, to devolve the duties of general Superin- 
tendent of Common Schools upon one, whose exclusive busi- 
ness it shall be to discharge them. This officer should be at 
liberty to visit the schools at different points in the State, to 
collect and report, to each successive Legislature, ample and 
accurate statistical facts, by which the system can be thor- 
oughly understood and vigorously enforced. The reports 
from the county Auditors, required by the present law, in 
some instances, are not made at all ; and in those instances 
where there has been an effort to comply with the law, the 
information given generally embraces only a small portion of 
those facts, which it is most necessary should be known to the 
Superintendent as well as to the Legislature. I earnestly 
recommend legislative provision, by which this branch of 
the system may be more satisfactorily administered in 
future.". 

On retiring from office, Governor Corwin, in his message 
of December 6, 1842, observed : 

" Speculative writers on the nature and proper elements of 
free government, have agreed that civil rights and political 
power can only be safely extended to the masses of any peo- 
ple, when general intelligence and pure morality have been 
widely diffused and exert a controlling influence. The unsuc- 
cessful efforts of men in past ages, to assert and maintain 
equal rights, all concur in furnishing evidence of the truth of 
this great principle in the science of government. In Ohio, 
every citizen who has attained to majority, after a short resi- 
dence in the State, and who has been charged with, or paid 
taxes, is armed with the right of suffrage. Our fundamental 
law, therefore, and the general legislation of the State, have 



EXECUTIVE RECOMMENDATIONS. 177 

all been made to wear the same aspect ; they each regard all 
men as equal, and seek to extend to all an equal amount of 
power in the conduct of public affairs. In such a system it 
must be obvious, that education, combining both moral and 
intellectual culture, is a matter of primary public interest. It 
is with us not merely the ornament of our political edifice, it 
is the foundation on which it stands, and without which it 
must crumble into ruins, and crush in its fall those who, in a 
false and fatal security, have taken up their abode within it. 
-"In a former communication I have had occasion to urge 
upon the Legislature the necessity of maintaining, in full 
vigor, the school system now in force, and of improving it by 
every means which experience may from time to time sug- 
gest. Any act which wears the appearance of weakening, or 
looks to the future abandonment of it, must be considered as 
a blow aimed at a system of policy, which all enlightened 
men of modern times regard as of vital importance. By an 
act of the last session, the school fund was reduced by an 
amount of about fifty thousand dollars. The necessity, real 
or imagined, for the reduction of such a fund, is greatly to be 
deplored. Heavy as the taxes now are, I can not doubt but 
the people of the State would have cheerfully paid the amount 
thus taken off, knowing that their children were thereby to be 
fitted for the proper exercise of the great powers and priv- 
ileges of American freemen. If the present rates of taxation 
should be reduced, I earnestly recommend that such reduction 
may be made to fall on other objects, many of which will 
readily suggest themselves to the wisdom of the Legislature, 
as interests which may safely be postponed to that of general 
education. It is by educating poor children, wherever they 
may be found, that we place them, to some extent, at least, 
upon a footing of equality with the fortunate inheritors of 
rich estates. It is, of all agencies yet discovered, the most 
efficient in producing that perfect and just equality among 
men, which brings harmony into the social system, and gives 
permanency to free government." 

Governor Wilson Shannon, in his annual message of De- 
cember 5, 1843, said : 

" Our common school system has taken a strong, and, I 
trust, a permanent hold on the public mind. Its advantages 
and blessings are beginning to be duly appreciated by all our 
citizens. Opposition to it has, in a great measure, ceased. 
Time has given to it form and permanency, and its existence, 

12 



178 EXECUTIVE RECOMMENDATIONS. 

as a part of the settled policy of the State, we confidently 
believe, will continue so long as our republican institutions 
are cherished and held up by a free people. 

"It is not, however, all we should desire it to be. "We 
should aim to improve our common schools, and give to them 
the capacity of imparting a more enlarged and liberal educa- 
tion ; we should seek to elevate the grade of public instruction 
so as to be in unison with the progressive spirit which is now 
animating the civilized world. The education of the rising 
youth of our country, thus qualifying them for self-government 
and the maintenance of free institutions, is an object which 
commends itself to the fostering care of every American 
statesman and patriot." 

Governor Shannon having resigned on the 15th of April, 
1814, was succeeded by the Speaker of the Senate, Thomas 
W. Bartley. Governor Bartley, in his message of December 
3d, said : 

" The most certain reliance for the security and permanency 
of our civil institutions, is to be found in an efficient and 
well conducted system of common schools, by which the 
benefits of education can, upon liberal terms, be placed within 
the reach of every person of suitable age in the State. 
Every citizen is entitled to a voice in the management of our 
public aflairs. Our laws are but the emanation of popular 
opinion. It is a matter, therefore, of vital importance, that 
popular opinion should be aided and enlightened by intel- 
lectual culture, and molded and directed by a pure and 
elevated tone of moral feeling. The European systems of 
education confine the means of instruction chiefly to the 
favored and fortunate classes, to the exclusion of the mass 
of the people, and thus keep up and augment those artificial 
and arbitrary distinctions in society which constitute one 
great source of the oppression and degradation of the great 
body of the people. The youth of this country are born to 
nobler privileges and higher responsibilities. The very 
genius and spirit of our institutions require that a public sys- 
tem of instruction should be kept open and free to all ; placing 
those in the most humble walks of life upon the same platform 
and equal footing with those who are in more fortunate circum- 
stances ; elevating the intellectual, moral and social condition 
of the mass of the people, and perpetuating that degree 
of moral, intellectual and social equality, which is essential 



EXECUTIVE RECOMMENDATIONS. 179 

alike to the permanency of our government, and the hap- 
piness of our people. 

" The great conservative influence of a public system of 
education on the future destiny of our countiy, was fully 
appreciated by the eminent statesman who framed the first 
elements of our civil institutions. It was provided in the 
ordinance of 1787, for the government of the territory north- 
west of the Ohio river, that ' religion, morality, and knowl- 
edge, being necessary to good government and the happiness 
of mankind, schools, and the means of education, shall 
forever be encouraged.' In the organization of our State 
government, this provision was, in substance, copied into the 
bill of rights, and now constitutes a part of the Constitution 
of the State, imperatively enjoining upon the Representatives 
of the people, that 4 schools, and the means of instruction 
should forever be encouraged by legislative provision, where 
not inconsistent with the rights of conscience.' The subject 
of education has been urged upon the consideration of the 
Legislature in almost every annual message of the Governor 
since the origin of the State Government. The solemn 
injunctions of the fundamental laws of the State, which it 
is our sworn duty to support, and the warning voice of every 
successive supreme executive officer of the State, ought not 
to be treated as mere ceremonious formula, entitled to but 
slight and superficial attention. They are the authoritative 
and living promulgations of public sentiment, expressed 
in characters as visible and impressive as if written in stars 
on the arch of the firmament. 

" To the mode of instruction, discipline, and training, 
given to the juvenile portion of our population, we are to 
look for the model of the future character of our people, and 
the elements which will control the future destiny of our 
republic. It is to this source that we are to look for the 
formation of that elevated standard of intellectual superiority, 
moral excellence, and public virtue, which shall preserve our 
country from ignorance and superstition, stay the tide of 
corruption usually flowing from a dense population, and 
rescue our posterity from the intellectual and physical degen- 
eracy so commonly produced by luxury and its enervations, 
after a continuance of national prosperity. 

" The system of common schools in this State, although 
productive of much benefit, and in its general provisions well 
adapted to the accomplishment of its objects, is yet sus- 
ceptible of very great improvements. The fact can not escape 
the most superficial observation, that great inefficiency and 



180 EXECUTIVE RECOMMENDATIONS. 

want of energy exist in its execution and management, and 
that during the last two or three years it has been retro- 
grading, instead of progressing toward a higher degree of 
perfection. I have no hesitation in saying, that if our system 
of common school instruction were conducted with proper 
efficiency, and under the improved regulations and modes of 
teaching at this time in use in some other places, greater 
benefits would be derived from half the present expenditure 
of time and money. The Secretary of State, and several 
county Auditors, to whom the general superintendence of our 
common school system is at present intrusted, have doubt- 
less performed their respective duties with fidelity, and done 
all which could reasonably be expected from them ; but their 
time and attention has been chiefly occupied by the other and 
more appropriate duties of their offices. I submit to your 
consideration the propriety of appointing a State Superin- 
tendent of Common Schools, and of authorizing the election 
of a county Superintendent, by the people of each county, for 
the purpose of giving greater efficiency to the system, by 
having the exclusive attention of the Superintendents devoted 
to the management and improvement of this important branch 
of the public service. I entertain no doubt but that the ap- 
pointment of these officers, and the payment of competent 
salaries for them out of the school funds, will prove a matter 
of economy in the management of the school funds, for the cause 
of education. A great want of punctuality has existed in the 
reports of information required by law to be made from the 
several school districts and townships. This neglect of duty 
might be effectually remedied, by a provision requiring the 
necessary reports to be made, before a school district or 
township should be permitted to draw its proportion of the 
public money. 

u The subject of normal schools or seminaries for the edu- 
cation of teachers, is attracting much attention in several of 
the States of the Union, and in other countries ; and by the 
pre-eminent advantages afforded by this means for ad- 
vancing the cause of education, it commends itself to your 
favorable consideration. Departments for the education of 
professional teachers, in the Ohio and Miami Universities, 
could be established under the authority of the State, and by 
a part of the means derived from the large endowments 
which these institutions have received from the government. 

" The following statement will show the product of the 
State common school fund, for the year ending 15th No- 
vember, 1844: 



EXECUTIVE RECOMMENDATIONS. 181 

Balance on the 15th November, 1843, $40,132 47. 

Amount received arising from interest on surplus 

revenue, grand levy, tax on banks, etc 195,600 69. 



Total, 235,733 16. 

Amount apportioned and paid the several counties,. .200,000 00. 



Kemaining balance in treasury, 35,733 16. 

In addition to the above, there has been paid to coun- 
ties entitled to the following funds : 

Virginia Military school fund, 11,718 67. 

United States military school fund, 7,149 76. 

Connecticut Western Reserve school fund, 9,519 54. 

Section sixteen, 56,133 90. 



$84,521 89. 



' This amount has been drawn from the canal rand, being 
the interest on the principal of each fund." 

Governor Mordecai Bartley, in his Inaugural Address of 
December 3, 1844, observed : 

" The first and most important of all political measures of 
a republican government, is to quicken, strengthen, and edu- 
cate the youthful public mind. Where the elective franchise 
is almost universal, it is indispensable that the mass of the 
people be instructed in moral and political science. 

" On this point, argument is unnecessary, since it is uni- 
versally admitted, that the perpetuity of our political institu- 
tions depends, under God, upon the diffusion of sound 
education. An uninformed people, with the best constitu- 
tion, are as unstable as the sea, and utterly incapable of 
fixing any safe and settled policy, but are destined to be the 
dupes of the reckless and designing, and after unsuccessful 
efforts at self-government, to surrender their liberties. 

" The wise framers of our excellent Constitution were 
careful to lay in that instrument the basis of a system of 
public instruction ; and ever since the organization of the 
State Government, the Legislature has given more or less 
attention to the subject. Although I would propose no radi- 
cal change in the present school law, yet I humbly conceive 
that experience has shown that it is not incapable of improve- 
ment ; and I submit to the consideration of the Legislature, 
whether it ought not at this time to undergo revision ; 
whether alterations are not demanded, to elevate the char- 
acter of the school-teacher ; to secure such a uniformity of 
school-books as is not incompatible with the progress of im- 
provement in the art of instruction ; to widen the sphere 



182 EXECUTIVE RECOMMENDATIONS. 

of common school education, so that it may embrace, not 
only the elements of that knowledge which is essential to the 
ordinary intercourse and business of the humblest walks of 
civilized life, but also the rudiments of moral and political 
science ; to provide for a more strict accountability of Direc- 
tors, Examiners, and all other officers acting under the law ; 
and for the appointment of a General Superintendent of 
Instruction." 

In his first annual message, December 2, 1845, Governor 
Bartley said : 

" The subject of education has been so often brought to the 
consideration of the Legislature, that I need scarcely do more 
than call your attention to former Executive communications. 
The importance of a liberal and thorough S}*stem of educa- 
tion can not be too highly estimated. The future character 
of our people, and the future destiny of our free institutions, 
are in no small degree dependent upon it. It is, perhaps, a 
matter of no little surprise, that hitherto subjects of mere 
temporary and comparatively inconsiderable interest, have 
occupied the attention of the Legislature, to the great neglect 
of a subject of such immense importance as this, not only to 
the great body of the people at the present period, but also to 
future generations. It is true that much has already been ef- 
fected, by our present system of common schools. But even 
a superficial observer must admit that it is very deficient, 
and, for want of energy and efficiency, has utterly failed to 
meet the expectations of its friends. The example of other 
States has taught us, that it is within the power of the Legis- 
lature to adopt measures which will bring the system of com- 
mon schools to a high degree of perfection. 

" I respectfully commend to your consideration the expe- 
diency of establishing a State Board of Education, and the 
appointment of a competent and suitable person as a State 
Superintendent of Common Schools ; and also, the adoption 
of measures that will give more energy and efficiency to the 
county and school district supervision, and management of 
the system. Among the liberal and enlightened persons in 
Ohio, who entertain enlarged views, and are eminent for their 
benevolence and their regard fur the cause of education, can 
be easily found persons who will faithfully discharge all the 
duties which can appropriately be enjoined upon a State 
Board, without any charge for their services. In a mattei, 
however, of such magnitude and enduring public interest, as 
that of improving the means of common school education, 



EXECUTIVE RECOMMENDATIONS. 183 

neither pecuniary considerations, nor party feelings, nor local 
or sectional views, should be permitted to interfere. While 
thousands and millions are annually expended to minister to 
the taste, vanity and pride of mankind, the appropriation of 
the comparatively small sum requisite for improving and per- 
fecting the means of cultivating the intellect, and training the 
virtues of the youth of the State, can certainly be no obstacle 
in the way. By the means suggested, 1 humbly conceive 
that great public interest can be awakened among the people 
of the State on the subject of education, the necessary dis 
cipline adopted and put into practice, information on the sub- 
ject of the best and most improved methods of instruction 
procured and furnished to every school district, the compe- 
tency of instructors greatly improved, and the system brought 
to a high degree of perfection. 

" The Miami University, at Oxford, and the Ohio Univer- 
sity, at Athens, are institutions which have been in a manner 
placed under the guardianship of the State, and richly en- 
dowed by extensive donations of land from the General Gov- 
ernment. The former is in a prosperous condition, and is 
accomplishing the useful purposes of its institution. But the 
Ohio University, on account of pecuniary embarrassment 
and other causes, not, perhaps, very well understood, has par- 
tially suspended operations. The difficulties in the manage- 
ment of this institution are of some standing ; and for some 
years it has been failing to accomplish the high objects of its 
creation. It is not improbable that the difficulties which have 
blighted its prosperity, have had their origin in the fact, that 
the interests of the lessees of the college lands in the midst 
of which the University is located, have conflicted with the 
prosperity of the institution. I earnestly commend the con- 
dition of this institution to your consideration, in order that 
you may inquire into the causes of its failure, and devise a 
remedy for tne evil." 

In his last annual message, December 8, 1846, Governor 
Bartley said : 

"The cause of education, combining both moral and intel 
lectual culture, has been a matter of primary interest in Ohio 
since the first foundation of the State Government ; and no 
subject can be of more lasting and vital importance to_ a free 
people. A system of education has been very properly 
looked upon as not merely an ornament of our political edi- 
fice, but also as the foundation on which it rests, and the rock 
of its future safety. The importance of the subject, however. 



184 EXECUTIVE RECOMMENDATIONS. 

and the zeal with which it has been espoused, have not fully 
overcome, as yet, the deep-rooted prejudices of some portions 
of our people against the measures necessary for the improve- 
ment of the system. It is to be lamented that our school sys- 
tem is yet so inefficient in its operations, and that our com- 
mon school fund, that source of just pride to the people of the 
State, is expended every year with less than half the advan- 
tages to the youth of the State which ought to be derived 
from it. There is a general want of energy, efficiency, and 
discipline in the system. In a former communication I had 
occasion to urge upon the General Assembly the means 
deemed essential for the further improvement of this system 
of education, to which I respectfully refer you. 

" The following statement shows the condition of the school 
fund for the year 1846 : 

Common school fund received, being proceeds of taxes $09,582 39. 

Auction duties and peddlers' licenses 5,812 11. 

Tax on lawyers and physicians 4,909 21. 

Banks, insurance, and bridge companies 28,844 15. 

Surplus revenue interest, five per cent 91,268 81J<£. 

Whole amount received during the year $200,516 67>o. 

Balance in the treasury on the 15th Nov., 1846 31,775 56 1 .,. 

Total $232,292 24. 

Balance of common school fund in the treasury, 

Nov. 15, 1846 32,292 24. 

Paid out and distributed among the counties of the 

State 200,000 00. 

Interest paid upon the Virginia and United States 
military school fund, Western Beserve school fund, 
ministerial fund, and other trust funds 88,450 00. 

Total amount paid out of State treasury for support of 

schools and religious purposes, etc $288,450 79. 

Governor Win. Bebb, in his Inaugural Address of Decem- 
ber 12, 1846, invoked the General Assembly as follows : 

" Let her colleges, asylums, and schools continue to receive 
at your hands such consideration and support as their great 
importance demands, and I especially recommend the appoint- 
ment of a Superintendent of Common Schools." 

Goyernor Bebb, in his annual message of December 6, 
1847, after stating that the disbursement by the State, for the 
support of common schools was $201,319.31, added: 

"It is a matter of rejoicing to every lover of enlighten- 



EXECUTIVE RECOMMENDATIONS. 185 

merit and freedom, that the cause of education, in all its, de- 
partments, was never more prosperous than during- the past 
year. The common school system is firmly established in the 
habits and affections of the people, and though falling, in 
many things, short of the hopes of the patriot and philanthro- 
pist, fully partakes of the progressive spirit oftthe age, and 
will not, in the end, fall short of its high destiny, the uni- 
versal diffusion of useful knowledge. It needs no recom- 
mendation of mine to command your cordial and continued 
support." 

Governor Seabury Ford, in his Inaugural Address of Jan- 
uary 22, 1849, remarked: 

"History and example teach that a republican government, 
depending as it does upon the will of the people, can only be 
maintained where information and knowledge are generally 
diffused. Impressed with this truth, the framers of the Con- 
stitution declare in that instrument, that "schools, and the 
means of instruction shall forever be encouraged by legis- 
lative provision.' 

"Considering the age of our State, much has been already 
done in obedience to this requirement of the Constitution. 
But much more remains to be done before our system of edu- 
cation will become as perfect as its importance demands. In 
the administration of our school law, a greater number of 
persons are engaged than in the administration of any other 
law upon our statute book ; it should, therefore, be plain, 
explicit, and easy to be understood. The acts now constitut- 
ing our system of common schools, are scattered through the 
different volumes of the statutes ; sections and parts of sec- 
tions changed, altered, and repealed, until it is no easy mat- 
ter, even for a skillful lawyer, to ascertain what the law is. 
I would, therefore, recommend to the Legislature a revision 
of these laws, so that the whole subject of common school 
education may be embraced in a single statute." 

The foregoing suggestion was renewed by Governor Ford, 
in his annual message of December 31, 1849 : 

" It is unnecessary for me to present arguments to the Rep- 
resentatives of the people of the State of Ohio, to show the 
necessity of sustaining and encouraging a uniform and gen • 
eral system of common school education. Its paramount 
importance is uniformly felt and acknowledged by all our cit- 
izens. Upon the right education of the rising generation, 



186 EXECUTIVE RECOMMENDATIONS. 

and the universal dissemination of knowledge, mainly de- 
pends the permanent existence of our free institutions. 

"It is nearly twelve years since the principal law now in 
force on that subject, was enacted. It, like most important 
laws, had its defects, and has since gone through such a vari- 
ety of changes and amendments, that it requires more than 
ordinary skill to ascertain what the law is upon any point 
which maybe brought in question. Many portions of it, 
and more particularly that portion relating to the raising of 
taxes for various purposes, and the supporting of schools be- 
yond the means supplied by the various school funds, is a 
fruitful source of trouble in the districts, and a general cause 
of complaint against the system. I would recommend to 
your consideration, the propriety of a thorough revision of 
all the laws upon the subject." 

In his last annual message, Governor Ford reiterated his 
recommendation of a revision of the school system : 

"History and experience will attest the fact, that where 
science, general knowledge, and moral cultivation are most 
universally diffused among the people, there liberty is the 
most cherished, the rights of persons and property are the 
most safe. Virtue and religion, and whatever else can adorn 
society and render mankind prosperous and happy, are held 
most sacred. To extend and secure to coming generations 
the benefits of liberty and well regulated free institutions, it is 
necessary for the statesman to look with earnest care to the 
means of instruction for the youth of the country; for by 
them he may shape the destinies of the State and the nation 
for good or for evil through succeeding ages. 

"An efficient system of common schools, thoroughly exe- 
cuted, is the only means of attaining this desirable object. 
Under our present law on this subject, much has been done ; 
but the law is imperfect. The law which now professes to 
regulate this system has been in force for many years. It 
has undergone many alterations v is printed in many different 
volumes of the statutes, and is thus made difficult to be 
found, and still more difficult to be understood by the great 
majority of persons whose duty it professes to point out. 
That portion which relates to forming and altering districts 
from two or more townships, and the portion providing for 
fixing sites and levying taxes for building and repairing 
school-houses, and the supporting of schools beyond the 
means supplied by the various school funds, is obscure 
and of uncertain import, the cause of much serious complaint 



ABSTRACT OF SCHOOL LEGISLATION. 187 

and trouble, and begets much dislike to the whole sys- 
tem. I would recommend to your consideration the propriety 
of a thorough revision of all the statutes on the subject, so as 
to make them plain to all, and effectual to the accomplish- 
ment of the objects desired." 

The new Constitution took effect September 1, 1851. The 
provisions of that instrument, and the legislation under it, are 
reserved for consideration in a subsequent chapter. 



CHAPTER XIV. 

ABSTRACT OF SCHOOL LEGISLATION FROM 1831 TO 1851. 

The struggle with the wilderness, and the exposures of a 
remote frontier, engrossed the first generation of the people 
of Ohio, although the incorporation of libraries and schools, 
from time to time, indicated the intellectual bias of the rising 
community ; but the legislation of 1821, providing for the 
erection of school districts, the election of school committees, 
and local taxation for school purposes, and that of 1825, im- 
posing a general tax of half a mill, which was raised to three- 
fourths of a mill in 1829, introduced a new era in the history 
of the State. During the next twenty years, legislation accu- 
mulated with great rapidity, often producing no slight degree 
of confusion. For the purpose of clearness, these laws will 
not be considered, except in connection with the general fea- 
tures of the system, as established by their provisions : 

SUPERINTENDENCE. 

The office of Superintendent of Common Schools was 
created by an act passed March 27, 1837 — at first for the term 
of one year, but afterward by the act of March 7, 1838, for 
the term of five years. Samuel Lewis was the incumbent for 



188 ABSTRACT OF SCHOOL LEGISLATION. 

three years when he declined further service, and by the act 
of March 23, 1840, the office was abolished, and its duties 
devolved upon the Secretary of State. 

The duties of Superintendent, as fully defined in the law 
of 1838, were, 

1. To collect and report annually to the Legislature, infor- 
mation upon the common schools of the State, especially the 
whole number of children and their attendance at school ; the 
number, quality, and duration of schools ; the qualifications 
of teachers, and the amount paid for their wages ; the num- 
ber of school-houses and the expenditure therefor ; the sources 
and condition of school funds ; and whatever else he might 
suppose the public interest required. 

2. To ascertain and report the condition and value of all 
the school lands in the State, with the amount of the different 
school funds due to each township from lands or interest ; and 
to secure the immediate location of school lands as authorized 
by an act of Congress, passed May 20, 1826, entitled " an act 
to appropriate lands for the support of schools in certain 
townships and fractional townships not before provided for." 

3. To furnish suitable forms to school officers and teachers 
for all returns and registers required by law, and to deliver, on 
the loth of December annually, to the Auditor of State, an 
enumeration of all the white children between the age of four 
and twenty-one years, to serve as the basis of the apportion- 
ment of school funds according to law. 

4. To take an account of all funds and property given in 
any way for the support of education, and report the same 
annually to the Legislature ; and for this purpose, to exercise 
all needful rights of visitation, and to summon the interpo- 
sition of the Prosecuting Attorneys of the counties. 

5. To publish bi-monthly during the year 1838-9, an 
official school journal, called the "Ohio Common School 
Director." 

The salary of the Superintendent was fixed at $1,200, 
with the use of an office, etc., and the right to employ a 
clerk, when the business of his office required it. 



ABSTRACT OF SCHOOL LEGISLATION. 189 

The activity and zeal of Mr. Lewis, enforced by a remarka- 
ble eloquence, were very instrumental in arousing public 
interest in the cause of education. By his influence the 
sacrifice of section sixteen under the legislation of 1827, for 
the surrender of permanent leases, subject to re-valuation, 
was arrested, thereby saving to the school funds of the State, 
one hundred-fold the expense of the office of Superintendent. 
During his administration, a very efficient revision of the 
school law was effected, and the act of March 7, 1838, con- 
stituted the main body of legislation prior to the law of 1853. 

The three annual reports of Mr. Lewis were an auspicious 
commencement of that series of documents. They were fol- 
lowed during the period in question, by the report of "William 
Trevitt, Secretary of State, in 1841 ; by three reports from J. 
Sloane ; by six from Samuel Galloway, and two from Henry 
W. King. Of these communications, that of Mr. Trevitt, 
among other valuable suggestions, urged a system of normal 
schools. Mr. Sloane advocated earnestly a system of school 
libraries, as did all his predecessors and successors ; Mr. 
Galloway contributed a succession of powerful and eloquent 
appeals in behalf of all the educational reforms of the day ; 
and Mr. King aided materially the revision of the school 
laws by his clear and laborious summons of the Legislature of 
the State in regard to schools. None of them failed, however, 
to urge the organization of -an Executive Department of Public 
Instruction, distinct from the office of Secretary of State. 

At one period the necessity for some further supervision .was 
recognized by the General Assembly. An act for the appoint- 
ment of a State Board of Public Instruction was passed on 
the 22d of March, 1850, but so late in the session, that no 
appointments were made by the Legislature at that session, 
as prescribed by the act ; and hence it became inoperative. 
This act provided for a Board, to consist of five members, to 
hold their offices for one, two, three, four, and five years res- 
pectively ; one to be styled the State Superintendent of Com- 
mon Schools, to act as Chairman of the Board, reside, and 
keep his office at the seat of Government, and perform the 



190 ABSTRACT OF SCHOOL LEGISLATION. 

usual duties of such an officer ; the others to be styled dis- 
trict Superintendents, and one each year to act as State 
Superintendent by rotation. The Board was to hold semi- 
annual meetings ; each district Superintendent to report to the 
State Superintendent annually, and the latter to report to the 
Legislature ; the signature of the district Superintendent to 
be necessary to give validity to certificates of all teachers in 
his district ; each teacher to pay to the county Board of 
Examiners one dollar on receiving his certificate, which cer- 
tificate entitled him to teach in any county of the State for 
the period named therein, and for the same period to receive 
the " Ohio School Teacher," (a monthly paper to be published 
at Columbus, by the State Board,) and attend Teachers' Insti- 
tutes, and normal classes, all free of charge. The fund thus 
raised was to pay the salaries and expenses of the Board ; 
and to that end the Clerk of each county Board of Examiners 
was required to pay over the whole amount received from 
teachers, at the end of the year, to the district Superintendent, 
and forward receipt therefor to the Treasurer of State ; but in 
no event were these salaries and expenses to be a charge on 
the State treasury. 

Although no effort was made to render this system efficient, 
as a legislative enactment, yet it is very apparent that the 
Ohio State Teachers' Association, with its " Journal of Edu- 
cation," and very effective organization, is the practical sequel 
of the foregoing proposition. 

TAXATION FOE THE SUPPORT OF SCHOOLS. 

By the act of 1821, each district determined its own taxa- 
tion for school purposes ; but the law of 1825 contained the 
first uniform rule on this subject. The county Commissioners 
were directed to levy half a mill on the dollar " to be appro- 
priated for the use of common schools in their respective 
counties." This assessment fluctuated under successive acts 
as follows : In 1829, raised to three-fourths of a mill ; in 
1831, power given to county Commissioners, at their option, 
to add one-fourth of a mill ; in 1834, raised one mill, and an 



ABSTRACT OF SCHOOL LEGISLATION. 191 

additional half of a mill at the option of the county Commis- 
sioners ; in 1836, raised to one and a half mills, with an ad- 
ditional half mill, at the option of the Commissioners, or not 
exceeding a mill and a half by a vote of a township, in case 
the Commissioners refused to levy half a mill ; in 183S, raised 
to two mills ; in 1839, discretion given to county Commis- 
sioners to reduce from two mills to one; in 1817, reduced to 
two-fifths of a mill ; in 1818, the county Commissioners au- 
thorized, but not required, to levy one mill; while in 1851, 
the Commissioners were required, not merely authorized, to 
levy a county school tax of not less than one mill. This was 
the state of the law when, by the act of 1853, the county tax- 
ation for schools was superseded entirely by a State levy of 
two mills, since reduced to a mill and a half on the dollar 
valuation. 

STATE COMMON SCHOOL FUND. 

By the act of March 2, 1831, as has already been stated, 
the net proceeds from the sales of salt lands, and all dona- 
tions, legacies, and devises to that object, were " constituted 
a fund for the support of common schools, to belong in com- 
mon to the people of the State ," the interest thereon to be 
funded until 1835, and the income then distributed to the 
counties in proportion to the number of white male inhab- 
itants above the age of twenty-one years. 

The act of March 7, 1838. established a State common 
school fund "consisting of the interest on the surplus rev- 
enue at five per centum, the interest on the proceeds of salt 
lands, the revenue from banks, insurance and bridge com- 
panies, and other funds, to be annually provided by the State, 
to the amount of two hundred thousand dollars ; " and di- 
rected its annual distribution to the counties " according to 
the number of white youths (unmarried) between the ages of 
four and twenty years." The above amount was reduced, 
March 7, 1812, to $150,000, and raised, March 21, 1851, to 
$300,000. 

By the act last named, the basis of the fund was slightly 



192 ABSTRACT OF SCHOOL LEGISLATION. 

modified. In 1843, the surplus revenue had been pledged to 
the payment of a canal stock, and only the balance after that 
payment was pledged to schools. In addition to the above 
sources of revenue, (salt lands, etc.,) the act of 1851 added 
" all moneys paid into the State treasury for licenses to ped- 
dlers, for auction duties, and for taxes upon lawyers and phy- 
sicians." 

At present, the State common school fund for general dis- 
tribution, is defined by the act of 1853, which repealed the 
above provisions, leaving these sources of revenue to other 
disposition. As a substitute therefor, as well as for the 
county levy already described, the present school law directs 
a tax of a mill and a half for distribution to the counties, and 
thence to the townships, in proportion to the number of 
youths between the ages of five and twenty-one ; but author- 
izes a township tax not exceeding two mills, in the discretion 
of Boards of Education, to prolong the schools after the State 
fund is exhausted. 

SCHOOL-HOUSE STRUCTURES. 

The legislation in this behalf is greatly diversified, and 
has resulted in an investment, estimated by the State School 
Commissioner, in 1855, at $3,090,306. In 1821, two-thirds 
of the householders in any district established under the act 
of that year, were authorized to instruct the School Committee 
of the district, to purchase a site and erect a school-house, by 
means of a district tax, " not exceeding, in any one year, one- 
half of the amount of taxes which might, by law, have been 
levied for State or county purposes." 

By the act of 1825, the householders or inhabitants of a 
district, provided one-third of all the householders of said 
district were present, were empowered to "designate and de- 
termine upon the site of a school-house, and to provide 
means for building the same." 

In 1831, the provisions on this subject became quite com- 
plicated. If the number of householders in a district did not 
exceed thirty, one-third of their number, otherwise, ten house- 



ABSTRACT OF SCHOOL LEGISLATION. 193 

holders, was considered a quorum ; a meeting to determine 
whether a tax should be levied for erecting, repairing, or fur- 
nishing a school-house, or improving a school-house lot, 
was required to be special, after thirty days' notice ; and at 
such meeting, all residents liable to taxation, were allowed to 
vote, but no such tax could be assessed, except by a vote of 
three-fifths of those present. It was further provided, that 
the amount of such tax should not exceed fifty dollars in any 
one year, unless at least one-third of the property subject to 
taxation within the district, was owned by persons residing 
therein ; and in case one-third or more, but less than half, 
was thus owned, then not to exceed $100 ; if one-half, but 
less than two-thirds, not to exceed $150 ; but such tax in no 
case should exceed $250 in one year. Prior to the assess- 
ment of a tax, the district meeting must agree upon and des- 
ignate a site ; land lying more than three miles from the 
school-house was exempted from taxation therefor ; nor could 
the land of a non-resident proprietor, once taxed for school- 
house construction, be again taxed for such a purpose within 
three years. The tax, though assessed by the county Auditor, 
was collected by the district Treasurer. 

The act of 183-1 repeated these provisions, except that it 
was silent upon what constituted a quorum ; the notice for a 
special district meeting was to be twenty days instead of thirty, 
and the maximum of school-house tax was raised from $250 
to $275 in any one year. 

In 1836, the assent of two-thirds, not three-fifths, of those 
present, was made requisite, and the maximum of school- 
house tax was fixed at $300. 

The elaborate school act of 1838 changed materially the 
law regulating school-house construction. At the annual dis- 
tinct meeting, on the third Friday of September, or at a spe- 
cial meeting after twenty days' notice, stating an intention to 
propose a school-house tax, a majority of the voters present, 
being householders, were authorized to "determine by vote, 
upon the erection and purchase of a school-house, or the pur- 
chase of a lot or lots, on which to erect such house, and how 

13 



194 ABSTRACT OF SCHOOL LEGISLATION. 

much money [should] be raised for such purchase, aud the 
purchase of fuel, and for building, repairing, or furnishing 
any school-house or school-houses in their district. " The 
manner of collection was unchanged. 

The Directors were also authorized to sell or exchange a 
school-house or site, and re-invest the proceeds in a new site 
or structure. 

Under the act of 1853, the power of taxation for school- 
house construction, is vested in Boards of Education, and is 
unrestricted. 

LOCAL SCHOOL OFFICERS. 

The subdivision of a township into districts, under the 
former system, was the duty of the township Trustees. 
Maps of the same were deposited with the township Clerk 
and county Auditor. Alterations might be made at an 
annual meeting, but public notice of the contemplated 
change, thirty days previously, and posted in three public 
places, was requisite, together with new maps. 

Three Directors were annually chosen in each district, who 
appointed from their own number a Clerk, who was also 
Treasurer. The Directors were a body corporate, capable of 
suing and being sued ; and of receiving any gift, grant or 
devise, for the use of the district. In them was vested the 
title and control of the school-house ; they might divide their 
district into sub-districts ; select sites for school-houses, and 
purchase the same; repair and keep in order the school- 
houses; provide fuel for the schools, and for this purpose 
assess a tax not exceeding ten dollars ; superintend the con- 
struction of school-houses, and furnish the same, when duly 
authorized ; establish schools ; employ teachers ; make all 
needful rules and regulations ; and report to the annual dis- 
trict meeting an account of their official proceedings for the 
preceding year, showing the amount of school funds appor- 
tioned to the district, and how it had been expended ; how 
many schools had been taught, for what time, and the amount 
of the salaries paid to the teachers ; the number of pupils in 



ABSTRACT OF SCHOOL LEGISLATION. 195 

each school; the branches taught; the amount of money 
raised by district tax, for purchasing lots, building or repair- 
ing school-houses, or any other purpose ; with an account of 
all the disbursements. 

The township Clerk was required to keep copies of all dis- 
trict maps, and deposit them with the county Auditor; 
approve bonds of district Treasurers ; be township Superin- 
tendent ; return to county Auditor annually, by November 
15th, an enumeration of youths ; fill vacancies in the Board 
of School Directors, and where no elections were held, appoint 
Directors; make and transmit to county Auditor, annual 
abstracts of statistics returned by districts ; visit the schools, 
and estimate expense of supporting them six months ; post 
notices for levying township school tax, to defray that ex- 
pense ; and report the vote of the township to the county 
Auditor ; and be responsible for all losses sustained by the 
township by reason of his neglect of duty. 

Township Treasurers were treasurers of the school fund, 
under bond, etc.; they received and paid out all school mon- 
eys on the order of the Directors ; annually, in December, 
they settled with the county Auditor ; they sued for all mon- 
eys belonging to the several districts in their townships, in 
the name of the State of Ohio ; and were allowed fees for 
their services by township Trustees. 

The county Auditor gave a general direction to the collec- 
tion of taxes for school purposes ; was county Superintend- 
ent ; made annual apportionments of school moneys to the 
districts; collected all fines and other funds applicable to 
school purposes ; and made an annual report of all infor- 
mation received at his office, to the State Superintendent. 

The above outline was slightly modified by an act which 
was passed March 24, 1851, and remained in force until 
repealed in 1853. It directed the election of a district Treas- 
urer and Clerk ; authorized the School Directors to levy a tax 
of fifty dollars for necessary repairs, fuel, etc.; permitted the 
purchase of a district library with the assent of a district 



196 ABSTRACT OF SCHOOL LEGISLATION. 

meeting ; and very clearly digested the mass of existing laws, 
in respect to local school officers. 

TOWNSHIP TAXATION. 

A very important duty of the township Clerk, as Superin- 
tendent of Common Schools, deserves to be separated from 
the routine of his ministerial functions. He was required to 
make an annual estimate of the amount of money required in 
his township, in addition to the State and county taxation, to 
provide at least six months' good tuition to all the white unmar- 
ried youth in the township, during the year ensuing ; and to 
cause public notice to be given of the amount required, by post- 
ing the same in writing on the door of every common school- 
house in the township, and at the usual place of holding the 
election, at least fifteen days before the annual township elec- 
tion, at which the electors proceeded to vote for "school tax," 
or " no school tax." If affirmatively, the amount was certified 
to the county Auditor, and added to the current taxation of 
the township. 

SCHOOL EXAMINERS. 

A county system for the examination and certification of 
teachers, has generally existed in Ohio, although, as has been 
seen, the number of Examiners appointed by the Court of 
Common Pleas, has fluctuated. The act of 1825 provided for 
the appointment of three Examiners for the term of one 
year, and enumerated as the branches of study in common 
schools, " Reading, Writing, Arithmetic, and other necessary 
branches of a common education." The act of February 10, 
1829, directed the appointment by the Clerk of Common 
Pleas, of a suitable number of persons, not less than five, nor 
more than the number of townships in the county, 'to be 
called Examiners of Common Schools, and to serve for two 
years. In 1830, the Court resumed the appointment — other- 
wise the provision was as last above. In 1834, the number 
of Examiners was limited to five ; but it was made the duty 
of the Board of County Examiners to appoint one School 
Examiner in each township, to examine female teachers only ; 



ABSTRACT OF SCHOOL LEGISLATION. 197 

and in no case was a certificate to be given, unless the candi- 
date was qualified to teach Reading, Writing, and Arith- 
metic, and sustained a good moral character. 

The act of 1836 directed the election of three Examiners 
in each township ; and on failure to elect, the Court of Com- 
mon Pleas might appoint ; but iu 1838 the appointment of 
three county Examiners, for the term of three years, was 
again conferred upon the Court of Common Pleas. 

The act of 1853 only differs from the law of 1838 in the 
standard of qualifications. Every candidate must be found 
qualified to teach "Orthography, Reading, Writing, Arithme- 
tic, Geography, and English Grammar." The appointment 
of Examiners is by the Probate Judge. 

COUNTY SUPERINTENDENTS. 

Although county Auditors were and are, ex officio, county 
Superintendents, yet reference is here made to an act, passed 
February 8, 1847, which authorized county Commissioners to 
create the separate office of Superintendent of Common 
Schools within their jurisdiction. In that event, the Clerks of 
the school districts in the county, were constituted a body of 
electors, and might select said Superintendent, whose duties 
were as follows : To act as ex officio Chairman of the Board of 
School Examiners, his signature being made necessary to the 
validity of every certificate ; to renew, at his discretion, the 
certificates of teachers who had been personally examined by 
the Board, and with the concurrence of one of the said Board 
of School Examiners, to annul the certificate of any teacher 
who might prove incompetent in respect to learning, ability 
to teach, or moral character ; to visit and examine all the 
schools in the county, and keep a full record of such visits 
and examinations ; to meet and address the people in the 
several school districts and townships, on the subject of edu- 
cation; to encourage the formation of township and county 
educational societies, and teachers' associations ; and to 
transmit to the State Superintendent, at Columbus, an abstract 
of his transactions, and a statistical report, similar to that 



198 ABSTRACT OF SCHOOL LEGISLATION. 

required from the county Auditor. His compensation was at 
the option of the county Commissioners. The law, at first 
local, was afterward extended over the whole State ; but only 
one county, Ashtabula, established the office in question. 
That single experiment was eminently successful. 

SPECIAL SCHOOL DISTRICTS. 

The necessity for some special organization of schools in 
populous towns and villages, was early apparent. Cincinnati 
first illustrated this necessity and secured the requisite legis- 
lation. Since 1830-1, the public schools of that city have 
been managed by three bodies having distinct functions, to- 
wit: a Board of Trustees, a Board of Examiners, and a 
corps of teachers. 

1. The Board of Trustees are elected by the people at the 
annual municipal elections, two for each ward, and have 
charge exclusively of what may be termed the business 
arrangements of the schools. Their duties are to make the 
necessary appropriations of money ; to furnish, repair, and 
arrange the buildings ; to appoint teachers, and make rules 
for their government, with all such powers as are incidental 
to the immediate government of the schools. 

2. The Board of Examiners are appointed by the city 
Council, are seven in number, and their duties are to examine 
the teachers in respect to their qualifications. Without their 
certificate, no teacher can be appointed. To perform this 
duty with due regard to the various capacities of the teachers, 
the Board of Examiners have divided their certificates into, 
first, that he is qualified as male principal I second, that he 
is qualified as male assistant / third, that she is qualified as 
female principal; and fourth, that she is qualified as female 
assistant. 

3. The body of teachers were two hundred and twenty- 
three in number — one hundred and sixty-eight females, 
fifty-five males — during the year ending June 30, 1855. 

The officers of the Board of Trustees consist of a President, 
Vice-President, Corresponding Secretary, Superintendent of 



ABSTRACT OF SCHOOL LEGISLATION. 199 

Instruction, and Clerk and Librarian. Connected with the 
system, are two high schools — founded upon the Hughes and 
"Woodward endowments — which are under the special charge 
of the Union Board of High Schools, composed of seven 
Hughes and Woodward Trustees, and six delegates from the 
General Board. Next below is an intermediate school, while 
the primary department consists of twenty district, sub- 
district, and asylum schools, and seven night schools. The 
report for 1855 exhibits 38,116 white youth of school age, by 
the census, of whom 17,111 are enrolled in the schools ; 
10,537 in average attendance ; 8,920 in actual daily attend- 
ance, and 1,617, average daily absence. During the same 
year, the expenditure for the maintenance of all the schools, 
exclusive of expenditure for real estate and buildings, was 
$120,878.29 for an average attendance of 10,537 pupils, or 
at the rate of $11.17 per pupil. The cost of the high schools 
was $13,077.77 for an average attendance of* three hundred 
and thirty-two pupils, or at the rate of $39.39 per pupil. 

The example of Cincinnati was contagious, and the act of 
February 8, 1817, " for the support and regulation of common 
schools, in the town of Akron," became the model for much 
subsequent legislation. It authorized the electors of Akron, 
to elect a Board of Education, consisting of six Direct- 
ors, two of them retiring annually, and their places sup- 
plied at the spring election for the term of three years, and 
until their successors were elected and qualified. This Board 
were clothed with the usual school jurisdiction ; their officers 
were a President, Secretary, and Treasurer, chosen from their 
own number ; four constituted a quorum ; special meetings 
might be called by the President, or by any two members of 
the Board, or giving two days' notice of time and place, but 
at no special meeting, unless all the Directors were present, 
could any resolution in relation to sites for school-houses, or 
any financial resolution or order, be passed, without two days' 



* See Appendix, " School Laws in Force," chapter xxi, for the Cincin- 
nati School Act. 



200 ABSTRACT OF SCHOOL LEGISLATION 

notice, announcing the subject or subjects proposed to be 
acted upon ; they were required to establish within the corpo- 
rate limits of Akron, (which was constituted one school dis- 
trict,) six or more primary schools for teaching the rudiments 
of an English education, and also a central Grammar school, 
the latter being open to pupils who should pass a prescribed 
examination and were guilty of no misconduct; and they 
were directed, within thirty days after their organization, to 
report to the town Council the necessary expense of building 
suitable houses, and supporting schools therein for a year, 
and annually thereafter, in the report of their transactions, 
also required by the act, to specify " the amount of money 
necessary to be raised by taxation, to defray the expenses of 
said school system for the current year." No discretion was 
vested in the town Council, except to make the levy accordingly; 
although an act, passed in 1848, limited the amount of tax 
" to defray the expense of the school system" to four mills on 
the dollar, in any one year.* 

The town Council were required to appoint three School 
Examiners, for a term of three years, who, in giving certifi- 
cates, were instructed to name the branches a candidate was 
qualified to teach. The Examiners were made Inspectors and 
"Visitors of schools, and were directed to report semi-annually 
to the town Council, and the Board of Education. 

In 1848, any incorporated town or city was authorized to 
adopt the provisions of the Akron Law, on the petition of 
two-thirds of the electors ; and in 1849, an act was passed, 
for the better regulation of the public schools in cities, towns, 
etc., which adopted the leading provisions of the Akron act, 
except that all questions of expenditure for school-house con- 
struction were submitted to a majority vote in town meeting ; 
and School Examiners were appointed by the Board of Edu- 
cation. Under the act last named, it was the duty of the 

* See Appendix, "School Laws in Force," chapter viii, for the power 
in the authorities of any " municipal corporation" to borrow money for 
school-house purposes, passed March 11, 1853. 



ABSTRACT OF SCHOOL LEGISLATION. 201 

Board to provide, by taxation, the means of supporting 
schools not less than thirty-six, nor more than forty-four 
weeks in a year ; but no tax for that purpose could exceed 
four mills on the dollar. Rate-bills, if other means of sup- 
porting schools the prescribed period proved insufficient, 
might be collected ; but no scholar could be excluded froni 
school for inability to pay the same. Provision was made for 
submitting the question, whether the Special School District 
system should be adopted, to a vote of the people of any 
town or city, in which six resident freeholders summoned a 
public meeting, pursuant to the act ; and if the same was 
adopted, the Board of Education thereby created, were not 
limited to the organization of primary schools and a Gram- 
mar school, but might grade the schools at their discretion. 

In the following year, March 13, 1850, the act last above 
recited was extended to incorporated townships, which should 
adopt the same by popular vote, provided the population of 
said township exceeded five hundred. 

These acts are expressly continued in force by section sixty- 
seven of the school law of 1853, and constitute a most im- 
portant department of the school administration of the State. 
Any city, town, or incorporated village, organized under any 
of these acts, may, however, conform to similar provisions in 
the act of 1853, (sections thirty-two to thirty-five,) for the 
organization of special school districts. * 

GERMAN AND ENGLISH SCHOOLS. 

By the act of March 16, 1839, amended in 1842, pupils 
might attend a German school, if taught by a teacher duly 
qualified, and be entitled to receive from the local Directors 
an order for a proportionate share of the school money. 
This was the first encouragement of such schools, and by the 
act of 1853, Boards of Education "may provide for German 
schools for the instruction of such youth as may desire to 

* See Appendix, " School Acts in Force," chapters n to rx. inclusive, 
for acts establishing and regulating special school districts. 



202 ABSTRACT OF SCIIOOL LEGISLATION. 

study the German language, or the German and English Ian 
guages together." The School Report of the Cincinnati Trus- 
tees, for 1855, observes that the German schools of that citv 
work advantageously, and in entire harmony and unison with 
other parts of the general system. They are of two grades, 
junior and senior. The State School Commissioner reports 
fifty-five schools of this character in the State. 

SCHOOLS FOR COLORED CHILDREN. 

Prior to 1849, no provision was made for the education of 
this class of youth, unless an exemption from taxation for 
school purposes can be so regarded. But by the acts of Feb- 
ruary 24, 1818, and February 10, 1819, township Trustees, 
or the school authorities of cities, etc., were authorized to es- 
tablish separate school districts for colored persons, within 
which adult male colored tax-payers might meet and choose 
Directors, in whom was vested the customary school jurisdic- 
tion. The property of colored tax-payers was alone charge- 
able for the support of these schools; but the powers and 
duties of township, county, and State officers extended 
equally to schools for colored children, as to other schools. 

By the act of 1853, the foregoing provision was repealed. 
Colored youth are required to be annually enumerated, but 
returned separately. The property of colored tax-payers is 
no longer exempt from taxation ; and section thirty-one pro- 
vides that Boards of Education are authorized and required 
to establish, within their respective jurisdictions, one or more 
separate schools for colored children, when the whole enumer- 
ation exceeds thirty ; so as to afford them, as far as practica- 
ble under all the circumstances, the advantages and privileges 
of a common school education. But in case the average 
number of colored children in attendance shall be less than 
fifteen for any one month, the school is to be discontinued for 
any period not exceeding six months ; but .if the number is 
less than fifteen, then the money raised on the number of 
colored children shall be applied in the best discretion of the 
township Board, for the education of such colored children. 



ABSTRACT OF SCHOOL LEGISLATION. 203 

Mr. Commissioner Barney reported eighty-eight schools for 
colored youth, in the year 1855.* 

UNITED STATES SURPLUS REVENUE FUND. 

Although this fund has ceased to be a resource for schools, 
yet the fact that such was the case for several years, would 
suggest a review of that appropriation, and its subsequent 
diversion to other purposes. 

Congress, in 1836, passed an act directing the deposit 
with the States, in proportion to their respective representa- 
tions in the Senate and House of Representatives, of the 
revenue which might be in the treasury of the United States 
on the first day of January, 1837, reserving the sum of five 
millions of dollars. The sum appropriated to Ohio, upon 
the terms and conditions contained in the act, was $2,007,- 
260.34, and at the legislative session of 1836-7, an act was 
passed, providing for its deposit and investment in the coun- 
ties according to their population of " white male inhabitants 
over the age of twenty-one years," and that "the net annual 
income thereof should be applied to the support and encour- 
agement of common schools within the State," and for other 
purposes designated in the act. A Board of Fund Commis- 
sioners, appointed by the county Commissioners, were au- 
thorized to make loans at six per cent, in certain cases, to 
the county or State, and to individuals, on real estate securi- 
ties, at an interest not exceeding seven, or less than six per 
cent., returning the income of these loans annually to the 
county Treasurer, who was required by section sixteen, to 
" pay over to or account with the State Treasurer, as for so 
much money received for his proper county for school pur- 
poses, such sum as would be equal to five per cent, on the 
amount received by such county." Section seventeen directed 
that the funds thus received should be paid out of the State 
treasury to the counties entitled to receive the same, as other 

* See Appendix, " School Acts in Force," chapter xxi, section 17, for 
provisions for the above schools in Cincinnati. 



204 ABSTRACT OF SCHOOL LEGISLATION. 

school money was paid to the respective counties. By 
another act, passed March 19, 1838, the Fund Commissioners 
were authorized to retain whatever income should exist, after 
making the annual payment of five per cent, to the State 
school fund, and invest the same in profitable stocks or mort- 
gages, and to fund annually the dividends and interests of 
the investment so made to accumulate, as a permanent fund 
for the support of schools, or for the promotion of internal 
improvements, or for the building of academies in their 
counties. The fund last named, so far as permanently in- 
vested by the counties, may now be appropriated (see acts of 
February 8, 1817, and February 10, 1849, Swan's Revised 
Statutes, p. 963, note a) to the encouragement of Teachers' 
Institutes. 

Such an application of the United States revenue deposit 
corresponded not only with the recommendation of Governor 
Lucas, in his message of December 6, 1836, but with the leg- 
islation of all the States distinguished for systems of public 
instruction. New York, Michigan, Wisconsin, and other 
States, have not disturbed these provisions, but Ohio, by the 
act of March 13, 1843, pledged and appropriated the amount 
of surplus revenue received from the United States, and the 
proceeds of canal lands not otherwise pledged, for the re- 
demption of the principal, after the year 1851, of a loan of 
one million five hundred thousand dollars, thereby authorized 
and applied to the payment of all sums due to the contractors 
on the public works of the State. By the act of 1843, and 
subsequent statutes, provision was made for the collection 
from the counties before 1850 (or at the utmost, 1852,) of the 
surplus revenue, although section 11 postponed the diversion 
of the income of five per cent, from the school fund until 
1850. After the 1st of January, 1850, however, in the lan- 
guage of the fifth section, the surplus revenue was " held and 
appropriated to the redemption of the bonds issued under the 
provisions of this act, that were unredeemed at the time." 

The original dedication of this fund to the encouragement 
and support of schools, was only modified by the obligation 



ABSTRACT OF SCHOOL LEGISLATION. 205 

to redeem the principal of the seven per cent, stock issued in 
1843, and redeemable in 1851 ; and even that obligation was 
shared in some degree by the lands which the General Gov- 
ernment had donated to aid the public works of the State. 
This fact was recognized by the General Assembly, when, in 
the revision of the school law in 1851, the balance of the 
surplus revenue, after payment of the loan of 1813, was di- 
rected to be invested in the stocks of the State, and the pro- 
ceeds appropriated to the State common school fund of 
$300,000, for which that act provided, in addition to a pe- 
remptory county tax of one mill ; but two years thereafter, or 
simultaneously with the passage of the present school law, an 
act was passed creating a sinking fund for the payment 
of the principal and interest of the public debt of Ohio, 
which (beside the constitutional appropriation and some other 
resources,) devotes " the principal and proceeds of surplus 
revenue loans to counties" to the sinking fund. This dispo- 
sition of the surplus revenue fund yet continues. 

teachers' institutes. 

These voluntary associations of teachers for the purpose of 
mutual instruction, have been productive of great benefits to 
the school interests of the State ; but hitherto have been very 
slightly encouraged by legislation. 

Soon after the first introduction of Teachers' Institutes, the 
General Assembly became satisfied of the beneficial influence 
of such sessions, and a law was passed for their encourage- 
ment — at first, in a few northern counties, but now made 
general in its provisions — which authorizes appropriations by 
the county authorities in certain cases. The fund first speci- 
fied for these aids, was that portion of the interest from the 
surplus revenue, which the counties were allowed to retain and 
invest permanently for certain local uses, namely : the differ- 
ence, after payment of expenses, between the five per cent, 
required to be remitted to the State treasury, and the six or 
seven per cent, which was reserved on the loans — an average 



206 ABSTRACT OF SCHOOL LEGISLATION. 

of at least one per cent., and which was, in some instances, 
so judiciously invested as to yield a good iDconie. 

The following is a brief synopsis of the legislation on this 
subject : By the statutes of February 8, 1847, February 24, 
1848, and February 16, 1849, it is provided, that on the ap- 
plication of forty teachers, resident in a county, and propos- 
ing to organize a Teachers' Institute, county Commissioners 
may (" it shall be lawful for," etc.,) appropriate the avails of 
the fund last mentioned, or any part thereof, " for the pur- 
poses of such association." Section 2, of the act of 1847, 
provides that " the moneys so appropriated shall, upon the 
order of the county Auditor, be paid over and expended by 
the Board of School Examiners of the proper county; the 
one-half thereof, at least, to the payment of suitable persons 
as instructors and lecturers to such associations, and the bal- 
ance thereof (in the language of the amendatory act of Feb. 
24, 1848,) to the purchase and support of suitable common 
school libraries, for the several common school districts in 
the several counties in this State, that may be in the possess- 
ion of the fund named in the first section of said act." The 
act of 1849 authorizes the county Commissioners to appropri- 
ate $100, when the special fund above named is insufficient, 
or does not exist, provided the county Examiners concur in 
the petition of the prescribed number of teachers, and *the 
" said teachers shall have first raised and paid over, or se- 
cured to be paid over, to said Board of School Examiners, for 
the purposes and benefit of such association, at least one-half 
of the sum for which they shall so petition the county 
Auditor, and which payment, or security for payment, as 
aforesaid, shall be made known to said Auditor, by the 
receipt, or certificate, in writing, of said Board of School 
Examiners." 

A recognition of the utility of Teachers' Institutes occurs 
in the act of 1853, which enjoins upon the State Commis- 
sioner of Common Schools the duty of " superintending and 
encouraging Teachers' Institutes," and requires his annual 



ABSTRACT OF SCHQOL LEGISLATION. 207 

report to contain "a statement of the number of Teachers' 
Institutes, and the number of teachers attending them." 

A SYNOPSIS OF INCIDENTAL SCHOOL REVENUES, FINES, SWAMP 

LANDS, ETC. 

The State Commissioner compiled, in 1854, the numerous 
legislative provisions imposing fines to be paid for the use 
of schools. If an account of these was rendered in the dif- 
ferent counties and townships, as the Commissioner well re- 
marked, a considerable amount of arrearages might be ascer- 
tained : ' 

" The following is a list of the fines, which the different 
acts, whose dates are given, direct to be paid into the county 
treasuries for the use of schools : 

" 1. One dollar for the importation or sale of salt, without 
legal inspection at Cincinnati, Portsmouth, or Cleveland — 
February 3, 1840. 2. Not exceeding five hundred dollars for 
procuring abortion — February 27, 1834. 3. One hundred 
dollars by county Treasurer for failing to make annual set- 
tlement with State Treasurer — January 3, 1843. 4. Not ex- 
ceeding one hundred dollars for wantonly or maliciously 
opening enclosures — February 28, 1846. 5. Five dollars for 
every hundred pounds of fish, except shad, mackerel, or her- 
ring, sold without inspection — March 9, 1831. 6. Five to 
fifty dollars for failing to bury or burn the offal of fish, taken 
in the waters of this State, to the amount of one or more bar- 
rels — March 9, 1831. 7. Five hundred dollars for keeping 
gambling instruments, aiding in gambling, or becoming a 
common gambler — January 17, 1846. 8. Not exceeding 
fifty dollars by county Inspectors for receiving more than 
their prescribed fees, or buying condemned articles — March 

9, 1821. 9. Not exceeding ten dollars for obstructing 
the navigation of the Muskingum river — March 1, 1834. 

10. Not exceeding ten thousand dollars by any officer or cor- 
poration, who is in contempt for disregarding orders of court 
in quo warranto procedure — March 17, 1838. 11. Fifty 
cents by manufacturers of salt for each barrel not drained and 
packed according to law — April 30, 1852. 12. One-half of 
amount received by county Auditors (the other half applied 
to agricultural fund by act of February 8, 1847) for licenses of 
' any traveling show ' — (further defined as ' any natural or ar- 
tificial curiosity or exhibition of horsemanship, in a circus or 
otherwise, for any price, gain, or reward ') — at not less than 



208 ABSTRACT OF SCHOOL LEGISLATION. 

twenty nor more than fifty dollars ; also, one-half of fines of 
one hundred dollars for exhibiting without such license; 
Auditor to apportion the above proceeds to the respective 
school districts (now the townships and special districts) ac- 
cording to the number of youth therein — February 28, 1831, 
amended by act of February 8, 1847. 13. The amount of 
any debt or demand upon which any bank shall have taken 
illegal interest, less the per centage of the Prosecuting Attor- 
ney, provided the debtor has not commenced proceedings 
within six months from the transaction — March 19, 1850. 

" The fines payable to township Treasurers for the use of 
schools, are as follows : 

"1. Five to fifty dollars for unauthorized traffic near camp 
meetings — March 26, 1841. 2. Ten dollars for allowing Can- 
ada thistles to mature on defendant's land, and twenty dol- 
lars for knowingly vending any grass or other seed, in which 
there is any seed of the Canada thistle — March 6, 1844. 3. 
Divers penalties under the act to restrain immoral practices, 
passed February 17, 1834, namely : one to five dollars for 
(Sabbath breaking ; five dollars for selling spiritous liquors on 
Sunday ; not exceeding twenty dollars for disturbing religious 
meetings ; twenty-five cents to one dollar for each offense, 
'if any person of the age of fourteen years or upward shall 
profanely curse or damn, or profanely swear by the name of 
God, Jesus Christ, or the Holy Ghost ; ' fifty cents to five 
dollars for exciting disturbance at a public meeting ; fifty 
cents to five dollars for playing bullets, running horses, or 
shooting at a target in towns or villages ; ten to one hundred 
dollars by any keeper of a public house, or retailer of spirit- 
ous liquors, who is connected with a nine-pin alley ; ten dol- 
lars 'if any persons shall exhibit any puppet show, wire- 
dancing, or tumbling, jugglery, or sleight of hand, within this 
State, and shall ask aDd receive any money or other property 
for exhibiting the same; ' ten dollars for defacing any adver- 
tisement set up by authority of law ; not exceeding one hun- 
dred dollars for bull or bear-baiting and other torture of ani- 
mals ; not exceeding twenty dollars for any agency in ' the 
game commonly called cock-fighting ; ' one to five dollars ' if 
two or more persons shall run a match horse race or races, in 
any public road in common use, for the purpose of trying the 
speed of their horses ; and if any Justice of the Peace fail to 
pay over the above fines for immoral practices, he shall forfeit 
double amounts. 4. Five to fifty dollars for firing cannon or 
exploding more than five ounces avoirdupois of gunpowder 
on public streets or highways, except in certain cases — Feb- 



ABSTRACT OF SCHOOL LEGISLATION. 209 

ruaiy 10, 1845. 5. One dollar for each nmskrat killed between 
May 1 and October 15, 'provided that nothing in this act con- 
tained shall be construed to prevent any person from destroy- 
ing muskrats where the same shall be injurious to works of a 
public or private nature ' — ' an act to protect the fur trade,' 
passed January 18, 1830. 6. Fifty dollars for unlicensed 
peddling — February 7, 1818. 7. Five to fifty dollars by man- 
ufacturers who compel any women or children under eighteen 
years of age, or permit any child under fourteen years, to 
labor more than ten hours in any one day — March 19, 1852. 
8. Twenty-five cents to one dollar by owner of ' habitually 
breachy or unruly animals, after due notice by township Trus- 
tees, payable to ' the treasury of the school district in which 
defendant resides ' (now the township treasury) — January 17, 
1840. 9. Five to twenty-five dollars by any tavern-keeper, 
grocery-keeper, or other person, for harboring any intoxicated 
Indian or Indians, ' for the use of the school district ' — March 
20, 1840. 

" By act of March 14, 1853, personal property escheated to 
the State is appropriated to common schools. 

" In respect to the swamp lands granted by the General 
Government to the Western States, by the act of September 
28, 1850, the allotment to Ohio was only 25,720^ acres, 
while Indiana receives 1,286,827$) acres. This contrast 
proves the extent to which Ohio lands are susceptible of cul- 
tivation, or that the designation of " swamp lands " has not 
been applied with much precision, or governed by a uni- 
form rule. 

" The legislation by the State of Ohio assumes that these 
lands are in a condition unsuitable for tillage, and deleterious 
to health, and the acts of March 2, 1853, and April 25, 1854, 
offer inducements for promptly reclaiming them. The 
Auditors of the counties in which they are situated, are re- 
quired to advertise for proposals to drain and reclaim such 
lands, and award the contract of drainage and reclamation to 
the lowest responsible bidder. A previous section pro- 
vides for the appraisement of the lands before they have been 
drained and reclaimed, and the only means set apart by the 
act to pay for such drainage consists of ' said lands lying in 
said county at the appraised value thereof.' The first eight 
sections of the act of 1853 contemplate that, after the lands 
are reclaimed, they may be taken at the appraised value 
before reclamation to the amount of the contractor's bid ; and 
then section nine adds, ' that if after the said swamp or over- 
flowed lands of this State, lying within any county, be 

14 



210 ABSTRACT OF SCHOOL LEGISLATION. 

drained or reclaimed as herein provided, there shall remain 
any of the said lands undisposed of, it shall be the duty 
of the county Commissioners of such county to appraise 
the same, and make returns of such appraisal as aforesaid ; 
upon the filing of such returns in his office, the county 
Auditor is hereby authorized to sell the said lands at the ap- 
praised value thereof to any applicant therefor, who will 
make an oath or affirmation that it is his intention to im- 
prove the same and make the same a permanent residence, 
or that the same adjoin to and are necessary to the proper 
improvement of lands then owned and improved by such 
applicant, which said oath or affirmation the said county 
Auditor is hereby authorized to administer ; and in all cases 
of sales, as prescribed in this section, the said county Auditor 
shall receipt to the purchaser for the amount of money 
received, and describe therein the lands sold, which said 
receipt, upon presentation and delivery to the Governor, shall 
entitle the purchaser to a patent for such land : Provided, 
that such of said swamp or overflowed lands as are capable 
of being drained or reclaimed, may be sold without the oath 
or affirmation hereinbefore required.' 

" Two years is the period fixed for the performance of these 
contracts of drainage, and when companies have been formed 
for the purpose, the work done by them may be estimated in 
money, and lands conveyed at the appraised value. Section 
ten finally provides ' that all moneys received by said county 
Auditor upon all sales as aforesaid, shall be paid into the 
county Treasury of the county in which the lands sold are 
situated, to reimburse the county for the expenditures of 
draining and reclaiming said swamp or overflowed lands, 
and the residue, if any there be, shall be paid by said county 
Treasurers into the State treasury for the use of schools.'' 
Under these circumstances, it would be unreasonable to ex- 
pect any material addition to the resources of schools from a 
reversionary interest so contingent." 



CONSTITUTIONAL CONVENTION. 211 



CHAPTER XV. 

CONSTITUTIONAL CONVENTION OF 1850-51. 

Early in the session of the Ohio Constitutional Conven- 
tion, which assembled in Columbus May 6, 1850, and closed 
its deliberations, after an adjournment to Cincinnati, on the 
10th of March, 1851, the subject of education was entrusted 
to a Standing Committee, composed of the following dele- 
gates : Harmon Stidger, of Stark ; Otway Curry, of Union ; 
Samuel Quigley, of Columbiana ; James W. Taylor, of Erie ; 
Jacob J. Greene, of Defiance; A. G. Brown, of Athens ; and 
John A. Smith, of Highland. 

The attention of the Convention had been previously in- 
vited, by Mr. Stidger, to the consideration of the following 
resolutions : 

" Resolved, That the Auditor of State be and is hereby 
requested to furnish for the use of this Convention, in addi- 
tion to his report to the General Assembly of March 13, 
1850, on the subject of the surplus revenue, full and distinct 
answers to the following questions : 

" 1. What per centum of the interest on sums originally 
deposited with the several counties, was applied to the use of 
common schools, and what was the aggregate amount of the 
school fund derived from that source ? 

" 2. What amount of the surplus revenue, (if any,) has been 
repaid into the State treasury, since the date of the report 
referred to, and how much is now due from the counties 
severally ? 

" 3. In what manner and to what purposes has the amount 
of the principal of surplus revenue, repaid to the State by the 
several counties, been applied ? 

" 4. Whether the repayment of the principal of surplus 
revenue to the State, has in any wise diminished the common 
school fund ? if so, how much ? 

" 5. If a diminution of the school fund has been occa- 



212 CONSTITUTIONAL CONVENTION. 

sioned by the causes referred to, from what sources is it 
contemplated to raise means to preserve and keep up the 
amount of the school fund heretofore derived from the in- 
terest on surplus revenues ?" 

The resolution, when introduced, elicited a statement from 
Mr. Hawkins, as an additional point proper for inquiry, that 
$335,000 of surplus revenue recalled by the State, had been 
disbursed in the redemption of turnpike bonds, while, by the 
law of 1843, the fund was only pledged for the redemption 
of the seven per cent, bonds falling due in 1851, which were 
authorized by that law. No general discussion then followed, 
and the resolution was laid on the table, and ordered to be 
printed. 

Subsequently the resolution was considered in Committee 
of the Whole, and the Convention declined to entertain it, 
the majority deeming the subject of the inquiry a matter of 
ordinary legislation, and not necessary to the proper adjust- 
ment of the article upon education. A permanent constitu- 
tional provision, in regard to the surplus revenue deposit, 
which, by its terms, might be withdrawn at any moment by 
the federal Government, although reported by the Committee 
on Education, did not receive the concurrence of the Con- 
vention. 

On the 5th of July, (the fiftieth day of the Columbus session,) 
the following report was presented from the Standing Com- 
mittee upon Education : 

" Section 1. The General Assembly shall provide for the 
election, by the people, of a Superintendent of Common 
Schools, whose term of office, duties, and compensation, shall 
be prescribed by law ; and shall provide for the election or 
appointment of such assistants, or other officers as may be 
found necessary, prescribe their duty, term of office, and com- 
pensation. 

" Sec. 2. The General Assembly shall encourage, by suit- 
able means, the promotion of moral, intellectual, scientific, 
and agricultural improvement. 

" The proceeds of the sales of lands, that have been, or 
may hereafter be granted by the United States, for educa- 
tional purposes, and all lands or other property given by 



CONSTITUTIONAL CONVENTION. 213 

individuals, for like purposes, together with the surplus 
revenue, deposited with this State by the United States, 
(until reclaimed,) shall be, and forever remain a permanent, 
irreducible fund ; the interest and income therefrom shall be 
faithfully applied to the specific objects of the original grant, 
gift, or appropriation. 

" Sec 3. The General Assembly shall make such provi- 
sion by taxation, and other means, (in addition to the income 
arising from the irreducible fund,) as will secure a thorough 
and efficient system of common schools, free to all the 
children in the State. 

" Sec. 4. No religious sect, or party, shall ever have ex- 
clusive right to, or control of, any part of the common school 
funds of this State. 

, Harmon Stidger, 

Samuel Quigley, 
James W. Taylor, 
Jacob J. Greene, 
A. G. Brown. 

Mr. Curry submitted the following minority report : 

" Section 1. Religion, morality, and knowledge, being 
essentially necessary to good government and the happiness of 
mankind, schools and the means of instruction shall forever 
be encouraged by legislative provision not inconsistent with 
the rights of conscience. 

" Sec 2. It shall be the duty of the General Assembly to 
provide, by law, that the principal of all funds arising froni 
the sale of lands heretofore or hereafter granted or donated, 
from any quarter, for educational purposes, together with the 
principal which may be realized from donations of persona} 
property and money for like purposes, and the surplus 
revenue deposited with this State by the United States, (until 
reclaimed,) shall be preserved inviolate and undiminished ; 
and that the interest and income arising from such funds 
shall be faithfully applied to the object of the original gift or 
grant: Provided, the General Assembly may at their discre- 
tion, appropriate all or only a part of the proceeds of the sur- 
plus revenue to educational purposes. 

" Sec 3. The General Assembly shall provide for the elec- 
tion of a Superintendent of Schools and Seminaries of learn- 
ing, under the care and patronage of the State. They may 
also provide for the election or appointment of such assistant 
Superintendents or other officers as may be necessary to 



214 CONSTITUTIONAL CONVENTION. 

carry into effect a thorough and uniform system of common 
school education ; and they shall prescribe by law the terms 
of office, compensation, powers, and duties, of all officers 
elected or appointed under the authority of this section. 

" Sec. 4. The General Assembly shall provide by law a 
system of common schools, and permanent means for the 
support thereof, by which a school shall be kept up in each 
school district in this State not less than six months in each 
year, and which shall be open to youth of all classes, under 
such regulations as may be prescribed by law : Provided, 
that black and mulatto youth shall not attend the schools for 
white youth, unless by common consent. 

" Sec. 5. Provision shall be made by law for the establish- 
ment and support of as many normal institutes as the Gen- 
eral Assembly may find to be necessary for the thorough in- 
struction of professional teachers of the common schools of 
this State ; and all persons applying to any of said institutes 
for admission and instruction, shall be required, before ad- 
mission, to give such assurance as may be specified by law 
of their intention to devote themselves to teaching as a pro- 
fession. 

" Sec. 6. No religious sect or party shall ever have exclu- 
sive right to, or control of, any part of the common school 
fund, or of any of the schools, seminaries, or institutions of 
learning, under the care and patronage of this State. 

Otway Curry. 

At the Cincinnati session the foregoing reports were fully 
discussed. Upon the various amendments offered, the follow- 
ing points were elicited, indicative of the temper of the 
body. 

1. That it was inexpedient to limit the educational bounty 
of the State to white children, by any terms of direct exclu- 
sion ; but how far colored children should be entitled to 
public instruction, was made a subject of unrestricted legis- 
lative cognizance. 

2. Propositions to augment the State school fund to a sum 
which would produce a revenue of about a million of dollars, 
and to enjoin a minimum of six months' instruction, were not 
adopted — some apprehending that the people would not sus- 
tain such forward movements, while others believed that the 
Ohio school system would be even more progressive than its 



CONSTITUTIONAL CONVENTION. 215 

most sanguine advocates in the Convention anticipated. The 
experience of a few years has fully vindicated the latter view. 

3. An amendment, directing the organization of normal 
institutes, was lost by twenty to fifty-seven. 

4. Even the clause establishing, in express terms, the office 
of Superintendent of Common Schools, was not retained in 
the final action of the Convention — the precise methods of 
superintendence being left to legislative discretion. 

Article VI of the Constitution — upon " Education" — 
stands, therefore, in that instrument as follows : 

"Section 1. The principal of all funds arising from the 
sale or other disposition of lands, or other property granted 
or intrusted to this State for educational and religious pur- 
poses, shall forever be preserved inviolate, and undiminished ; 
and, the income arising therefrom, shall be faithfully applied 
to the specific objects of the original grants or appropriations. 

"Sec. 2. The General Assembly shall make such pro- 
visions by taxation, or otherwise, as with the income arising 
from the school trust fund, will secure a thorough and efficient 
system of common schools throughout the State, but no reli- 
gious or other sect or sects shall ever have any exclusive right 
to, or control of, any part of the school funds of this State," 

The foregoing guaranties, indefinite as they are, have 
proved ample ; and the legislative history of the State, since 
1851, fully justifies the confidence of the Convention in the 
representatives of the people of Ohio. 



CHAPTER XVI 



ORIGIN, PROGRESS, AND PROVISIONS OF THE ACT OF 
MARCH 14, 1853. 

It devolved upon the Senate of Ohio, at the first session of 
the General Assembly, to initiate the very important measure 
which is the topic of present consideration. The Standing 



216 ORIGIN, PROGRESS, AND PROVISIONS OF 

Committee of that legislative branch to which the subject of 
" common schools and school lands" was committed, consisted 
of Harvey Rice, of Cuyahoga, George Rex, of Wayne, and 
Alonzo Cashing, of Gallia. On the the 29th of March, 1852, 
they reported the Senate bill, No. 94, "to provide for the 
re-organization, supervision, and maintenance, of common 
schools." It reached its second reading, April 1st, after which 
it was committed to the Committee of the Whole, and made 
the order for the same day ; but it was not reached in 
Committee until the 13th of April. Its discussion continued 
until the 15th, when the Committee rose, and the bill, with 
various amendments, was tabled for the residue of the session. 

Its consideration was resumed almost immediately upon 
the re-assemblage of the Senate, at the adjourned session of 
1852-3. After another elaborate discussion, in Committee of 
the Whole, from November 18th to December 6th, almost con- 
tinuously, the bill was re-committed, with pending amend- 
ments, to the Standing Committee on Schools and School lands. 
The Committee were also instructed to state in the bill which 
they should report, " the school funds therein contemplated for 
the number of months enjoined to be taught annually." The 
Committee reported on the 12th of January, 1853 ; another 
discussion in Committee of the Whole occupied the Senate for 
three days, when the Senate proceeded to vote upon the nu- 
merous amendments which had accumulated during this pro- 
tracted debate, upon every portion of the bill. The most im- 
portant of these in which the Senate concurred, was the 
organization of every township as a single district, under the 
general supervision of a Board of Education, and a division 
of the district so established, as a school corporation, into 
sub-districts, each under the local administration of three 
local Directors, one of whom, when appointed Clerk, was 
thereby qualified and authorized to represent the sub-district 
in the central Board of Education. 

The following propositions did not command a majority: 
1. To pass the act contingently upon its approval, by a popu- 
lar vote; 2. To require the establishment of schools for 



THE ACT OF MAKCH 14, 1853. 217 

colored youth in all cases, when that class were denied admis- 
sion to the schools ; 3. To give a corporate character, with 
the capacity of suing and being sued, and holding the title of 
school property, to the local Directors in each sub-district ; 4. 
And to limit the aggregate of State taxes levied and assessed 
under the provisions of the bill, to two mills on the dollar. 
The bill was ordered to be engrossed for its third reading four 
days thereafter, on January 20th, and on the 24th passed the 
Senate with but two dissenting voices — yeas 22 ; nays 2. 

The House Committee upon Common Schools and School 
Lands, to whom the Senate bill was committed, after a brief 
consideration in Committee of the Whole, consisted of S. 
Plumb, of Ashtabula, C. K. Ward, of Crawford, B. H. Alex- 
ander, of Preble, John McClahanan, of Brown, and A. C. 
Ramage, of Belmont. They reported on the 28th of Febru- 
ary, and on the 7th of March, the discussion of the various 
amendments proposed, commenced with great earnestness. 
On the suggestion of the Standing Committee, the following 
important features of the present act were proposed : 1 . The 
last clause of section 1, securing the special school organiza- 
tion of cities or incorporated villages, from the operation of 
the section ; 2. The body of section 8, directing the October 
enumeration of youth of school age — all of the section, in- 
deed, except the last clause, which requires the township 
Clerk to transmit an abstract thereof, within twenty days, to 
the county Auditor ; 3. That portion of section 16 which au- 
thorizes the formation of a joint sub-district from " parts of 
two or more townships ; " 4. The provision, as it now stands 
in sections 20 and 21, for the establishment of central or high 
schools ; 5. Section 22, or the manner in which the assess- 
ments for school purposes, by Boards of Education, are ef- 
fected ; 6. Section 24, or the rule for the disbursement of 
school funds by township Treasurer; 7. Section 32, or the 
authority to organize cities and incorporated villages, when 
the latter has a population of three hundred, into a special 
district; 8. Section 68, enabling Boards of Education to 
receive and hold in trust, any grant, devise, donation, etc., for 



218 ORIGIN, PROGRESS, AND PROVISIONS OF 

the use of any school in their jurisdiction; 9. That portion 
of section 54 which directs the State Commissioner of Com- 
mon Schools to re-distribute the laws relating to schools and 
Teachers' Institutes, whenever any material change is made in 
their provisions ; 10. The last clause of section 58, which for- 
bids the purchase for school libraries of books of a sectarian or 
denominational character, besides many verbal amendments. 

Prior to the third reading of the bill, the following amend- 
ments were offered, and rejected by the House: 1. Imposing 
a fine upon parents or guardians whose children or wards, 
between the ages of eight and fourteen, do not attend 
school, at least three months in the year — yeas 30, nays 41 ; 
2. To strike out the sections establishing the office of School 
Commissioner — yeas 27, nays 47 ; 3. To strike out the provis- 
ions for school district libraries — yeas 31, nays 42 ; 4. " To 
re-commit the bill, with instructions so to amend the same, as 
to provide for the classification of the enumerated youth of 
the State, in such manner that all may be enabled to partici- 
pate in the advantages of the schools, without any interfer- 
ence with religious belief, which was lost without a division ; 
5. To strike out the provision for high schools — yeas 23, 
nays 52. 

The bill was read the third time on the 5th of March, and 
while the question of its passage was pending, further amend- 
ments were offered. One, adding to the last section an exten- 
sion of the powers and duties of school officers then in exist- 
ence, until the local Directors, provided for in the bill, should 
be elected and qualified, was agreed to ; another, directing a 
submission of the bill to a popular vote, was rejected — yeas 
17, nays 50 ; and a third, requiring the Treasurer of cities 
and incorporated villages to give bond for the security of all 
school funds coming into his possession, was agreed to with- 
out a division. The bill passed the House, by a vote of 56 
yeas to 20 nays. 

On the 8th of March, the Senate Committee upon common 
schools and school lands, to whom the bill, as returned from 
the House, had been committed, reported in favor of the bulk 



THE ACT OF MARCH 14, 1853. 219 

of House amendments, and proposing only two material 
amendments — one, which is now the last clause of section 8, 
directing the township Clerk to return an abstract of the Octo- 
ber enumeration of youth to the county Auditor ; and another, 
now section 47, prescribing the term of office and manner of 
election of the State Commissioner of Common Schools. 

The report of the Committee was concurred in. During 
the discussion, Mr. Finck moved to add to section 24, pro- 
viding the manner of disbursing the funds applicable to the 
payment of teachers, the following proviso : 

"Provided, that whenever any person having a certificate 
authorizing him to teach school in any county in this State, 
shall present and exhibit to the Board of School Directors of 
any township of the proper county, a certificate signed by the 
local Directors of any of the districts of any such township of 
having taught any number of scholars resident in said town- 
ship, not less than twenty, who have not attended any of the 
other common schools or other schools named in this act, of 
the township during the year, and who have been enumerated 
for school purposes, stating the number of scholars so taught 
and the time they were in attendance, the said township 
Board shall draw the proper order for the pro rata amount to 
which such person shall be entitled for such services from the 
school fund, taking into consideration the number of scholars 
so taught, and the time employed by such teacher, and the 
same shall be paid from the school fund, as in other cases ; 
and for the purpose of ascertaining such pro rata sum, the 
said Board shall ascertain the total amount of school fund for 
the proper township applicable to each youth entitled thereto 
for the year, and shall allow such teacher upon the principles 
above named." 

The motion to amend was lost — yeas 8, nays 18. 

The original Senate bill provided for the purchase of Web- 
ster's Unabridged Dictionary for the use of schools. The 
House of Representatives struck out this clause by their forty- 
sixth amendment. On motion of Mr. Rice, the Senate re- 
tained the provision. The subject was referred to a Commit- 
tee of Conference, and the Senate finally receded from its 
disagreement, and the Dictionary clause was omitted. A 
full concurrence of both bodies having thus been attained, 



220 ORIGIN, PROGRESS, AND PROVISIONS OF 

the bill became a law on the 14th of March, 1853. Its con- 
sideration had been marked by all the requisites of full de- 
liberation. The interval between the regular aud adjourned 
sessions of the General Assembly had been improved by 
Mr. Rice, the author of the bill, for a thorough canvass of 
public opinion ; the most experienced teachers and careful 
legislators of the State had been furnished with copies, and 
their suggestions invited; and probably no similar measure 
ever engrossed more anxious attention than did the well- 
known "Senate bill, ISTo. 94," from the beginning to the close 
of the session of 1852-3. The repealing clause displaced a 
bulk of enactments ten times greater than the provisions of 
the bill, although the latter reached sixty-nine sections. It 
was with a decided sensation of relief that the public learned 
of the existence of a single enactment constituting a school 
code, and a determination universally prevailed to submit to 
much inconvenience, rather than involve the school interests 
of the State in the uncertainty which had almost reached the 
extremity of Cimmerian darkness, during the preceding ten 
years. Of course, no one was so sanguine as to expect entire 
satisfaction with the new system. It embodies some import- 
ant changes, though these were less numerous and important 
than many have been led to suppose. Probably two-thirds 
of its provisions were a compilation of existing legislation ; 
while the new features of the act of March 14, 1853, may be 
briefly presented under the following heads : 

A STATE SCHOOL TAX. 

This, in itself, was no innovation. A State common 
school fund, partly raised by taxation, had been long in ex- 
istence, and as recently as March 24, 1851, an act was passed 
providing a revenue for an annual distribution of $300,000. 
The same act required the county Commissioners to levy, in 
addition to the above provision, a county school tax of not 
less than one mill on the dollar. The act of 1853, in lieu of 
this mixed State and county taxation, provided for " the an- 
nual levy and assessment of two mills on the dollar valuation, 



THE ACT OF MAKCH 14, 1853. 



221 



(since reduced to a mill and a half,) on the grand list of the 
taxable property of the State," and directed the amount so 
collected to be " annually distributed to the several counties 
of the State, in proportion to the enumeration of scholars, 
and applied exclusively to the support of common schools." 
This change in the method of distribution has led to much 
dissatisfaction in the cities of the State, where the aggregate 
of wealth is disproportionate to the enumeration of youth : 
Hamilton county, for instance, contributing to the State school 
fund about twice the amount which the enumeration of youth 
warrants the county to receive. This feature of the law is 
elsewhere sustained with great earnestness, and it is not per- 
tinent to the object of these pages to determine the merits of 
the controversy* As a practical illustration of the operation 
of the provision in question, it may be well, however, to 
quote from the report of the School Commissioner for 1855, 
the following tabular statement : 

LIST OF COUNTIES WHICH RECEIVED, IN 1855, MORE THAN THEY CON- 
TRIBUTED TO THE STATE COMMON SCHOOL FUND, WITH 
THE AMOUNTS ANNEXED. 



COUNTIES. 



AMOUNT. 



Adams 

Allen 

Ashland - - 
Ashtabula - 

Athens 

Auglaize - - 
Belmont- - 

Brown 

Carroll - - - 
Clermont - 
Columbiana 
Coshocton - 
Crawford - - 

Darke 

Defiance - - 
Delaware - - 

Fulton 

Gallia 

Geauga 

Guernsey - 
Hancock - - 



$5,071 
4,854 
2,219 
2,444 
6,685 
3,556 
2,836 
3,522 
2,644 
1,762 
3,038 
2,576 
1,746 
3,125 
2,945 
2,296 
4,899 
5,138 
727 
5,452 
4,548 



Hardin - - 
Henry - - 
Hocking - 
Holmes - - 
Jackson - ■ 
Jefferson - 

Knox 

Lake 

Lawrence ■ 

Logan - - 

[Lorain - - 

Lucas - - 

Medina - - 

Meigs - - 

Mercer - - 

Monroe - 

Morgan - • 

09! [Morrow - • 

26i Noble 



Ottawa 



$1,385 

2,151 

5,944 

7,273 

4,400 

550 

491 

255 

3,563 

1,333 

2,122 

972 

1,308 

5,906 

3,586 

9,212 

5,017 

2,089 

6,510 

403 



Paulding - - 

Perry 

Pike 

Putnam - - • 
Richland — 
Sandusky - • 

Scioto ■ 

Seneca • 

Shelby 

Stark 

Trumbull - ■ 
Tuscarawas • 

Union 

Van Wert - • 

Vinton ■ 

Washington ■ 

Wayne 

Williams - - - 

Wood 

Wyandott- • 



$1,030 06 
4,308 42 
2,160 76 
2,994 70 
1,832 39 
3,259 47 
2,341 40 
3,007 13 
2,182 48 
21 65 

537 93 
3,775 23 
2,172 43 
2,180 28 
3,289 02 
7,421 20 

625 38 
4,728 51 
3,522 66 

863 02 



222 



ORIGIN, PROGRESS, AND PROVISIONS OF 



LIST OF COUNTIES WHICH CONTRIBUTED, IN 1855, TO THE STATE COM- 
MON SCHOOL FUND MORE THAN THEY RECEIVED, WITH 
THE AMOUNTS ANNEXED. 



COUNTIES. 



AMOUNT. 



Butler 


$9,467 00 


Champaign 


3,502 18 


Clark 


5,709 20 


Clinton 


1,469 77 


Cuyahoga - 


15,272 65 


Erie 


1,540 41 


Fairfield - - 


2,382 72 j 


Fayette - - 


3,345 89 


Franklin - - 


7,112 92l 



Greene - - 
Hamilton 
Harrison - 
Highland ■ 
Huron - - 
Licking - 
Madison - 
Mahoning 
Marion - - 



$6,739 38 

65,179 33 

695 57 

246 00 

984 03 

3,428 38 

6,417 32 

627 08 

2,383 37 



Miami 

Montgomery 
Muskingum - 
Pickaway - - 
Portage - - - 

Preble 

Ross 

Summit - - - 
Warren - - - 



$1,914 49 

11,135 51 

584 27 

8,650 05 

2,786 63 

2,974 10 

6,270 42 

851 01 

5,698 73 



The aggregate of the apportionment, above exemplified, 
was $1,208,283.84. 

TOWNSHIP BOARDS OF EDUCATION. 

Under the former system, the township Trustees were 
vested with power to establish and alter sub-districts ; so the 
clause conferring this important and difficult function upon 
a central Board is not without precedent. The township 
Board of Education established by the act, is a representative 
body, consisting of that local Director in each sub-district who 
has been chosen Clerk for the current year ; and the law seeks 
to confer upon the Board such a general jurisdiction as may 
secure uniformity and efficiency to the school system of the 
township, and yet leave to the local Directors the direct ad- 
ministration of the sub-district. Here is a divided jurisdic- 
tion ; and in some instances a jar of the machinery is una- 
voidable ; but the experience of a few years has removed this 
inconvenience in a great measure. In the State of Indiana, 
even in the rural districts, the whole administration of schools 
is confided to a township Committee of three, without any in- 
tervention whatever by local Directors ; but our system has 
become too rigid in its present form to be so readily displaced. 
Still it is in the power of any township to adopt the provis- 
ions of the Special District System established by the act of 
February 21, 1849, (Swan's Eevised Statutes, 858, 862,) and 
a very proper amendment of the act of 1853, would be to 



THE ACT OF MAKCH 14, 1853. 223 

allow every township, as well as cities and incorporated vil- 
lages, to extend over itself the single district organization 
provided for by sections 32-36. 

An analysis of different parts of the school law presents the 
following powers and duties of Boards of Education : 

1. Section 11 defines so explicitly the corporate character 
of Boards of Education, that it is given without paraphrase : 
" The said township Board of Education in each township of 
the State, and their successors in office, shall be a body politic 
and corporate in law, and as such may contract and be con- 
tracted with, sue and be sued, plead and be impleaded, in any 
court of law or equity in this State, and may receive any 
gift, grant, donation, or devise, made for the use of any 
school or schools within their jurisdiction ; and, moreover, they 
shall be and hereby are invested in their corporate capacity 
with the title, care, and custody of all school-houses, school- 
house sites, school libraries, apparatus, or other property be- 
longing to the school districts as now organized, or which 
may hereafter be organized, within the limits of their juris- 
diction, with full power to control the same in such manner 
as they may think will best subserve the interests of common 
schools and the cause of education ; and when, in the opinion 
of the Board, any school-house or school-house site has 
become unnecessary, they may sell and convey the same in 
the name of the township Board of Education of the proper 
township ; such conveyance to be executed by the Chairman 
and Clerk of said Board, and shall pay the avails over to the 
township Treasurer of the proper township, for the benefit of 
schools, and all conveyances of real estate which may be 
made to said Board, shall be to said Board in their corporate 
name, and to their successors in office." 

2. The regular sessions of the Board are on the third Mon- 
day of April and October, with power to adjourn from time 
to time, and to hold special meetings. At each meeting, a 
Chairman from their number must be appointed, and also a 
Clerk, pro tempore, if the township Clerk is absent. Sec. 12. 

3. They have the exclusive control of central or high 



224 ORIGIN, PROGRESS, AND PROVISIONS OF 

schools, when the people of a township, in the manner pre- 
scribed by section 21, have authorized the same ; and also of 
sub-district schools, when the local Directors shall neglect to 
discharge their duties ; it is their duty to prescribe rules and 
regulations for the government of all the common schools 
within their jurisdiction ; they determine a course of study, 
select suitable text-books, and have the complete charge of 
the library, with the title of the books, and the appointment 
of Librarian ; and upon them is devolved the necessity of 
making the annual return of school statistics to the county 
Auditor. Sections 13, 17 19, 21. 

4. The adjustment of sub-districts within their township, 
the formation of joint sub-districts from a part of their town- 
ship, and part or parts adjacent, the distribution of pupils to 
schools of different grades, and a general discipline of the 
schools, are devolved upon Boards of Education, by sections 
14, 15, and 16. 

5. They are required to establish a school in each sub-dis- 
trict of the township of such grade as the public good, in 
their opinion, requires, and can be compelled to sustain the 
same seven months of the year, by a levy not exceeding two 
mills on the dollar valuation of the taxable property of the 
township. That assessment can not be exceeded for the pur- 
pose of tuition and sustaining central or high schools ; but to 
that limit the Board can be required to go, if necessary 
to prolong the schools seven months in the year. On 
this point the law is imperative, the last clause of section 24 
reading as follows : " Each township Board shall make the 
necessary provisions for continuing the schools in operation 
in their respective townships for at least seven months in 
each year." See sections 14, 22, 24. 

6. The subject of school-house construction is the peculiar 
province of Boards of Education. The title of all school 
property is vested in them ; they are the only school organi- 
zation legally responsible ; their power of taxation for the 
purpose of building school-houses, or, in the language of the 
act, "for school purposes other than for the payment of 



TIIE ACT OF MARCH 14, 1853. 225 

teachers," is unlimited ; and on their estimate and certificate, 
the Auditor of the county must make the required assess- 
ments. Ordinarily this taxation for school-house construction 
is collected from the whole township ; but section 23 recog- 
nizes a discretion in the Board to authorize a special levy on 
a sub -district of "a just and equitable portion of the amount 
requisite to build a school-house, when the inhabitants have 
not heretofore borne a reasonable share of taxation for such 
purpose, in comparison with other sub-districts of the town- 
ship." There is ground to apprehend that the exception here 
recognized too often becomes the rule. See sections 22 
and 23. 

7. They are authorized to provide German schools for the 
instruction of such youths as may desire to study the German 
language, or the German and English languages together, 
(section 13,) while schools for colored children are provided 
for by section 31, which is as follows : 

" The township Boards of Education in this State, in their 
respective townships, and the several other Boards of Educa- 
tion, and the Trustees, Visitors, and Directors of Schools, or 
other officers having authority in the premises, of each city or 
incorporated village, shall be and they are hereby authorized 
and required to establish within their respective jurisdictions, 
one or more separate schools for colored children, when the 
whole number by enumeration exceeds thirty, so as to afford 
them, as far as practicable under all circumstances, the ad- 
vantages and privileges of a common school education ; and 
all such schools so established for colored children shall be 
under the control and management of the Board of Educa- 
tion, or other school officers who have in charge the educa- 
tional interests of the other schools ; but in case the average 
number of colored children in attendance shall be less than 
fifteen for any one month, it shall be the duty of said Board 
of Education, or other school officers, to discontinue said 
school or schools for any period not exceeding six months at 
any one time ; and if the number of colored children shall be 
less than fifteen, the Directors shall reserve the money raised 
on the number of said colored children, and the money so re- 
served shall lie appropriated for the education of such colored 
children under the direction of the township Board." 

8. A very important provision is contained in section 13, 

15 



226 ORIGIN, PROGRESS, AND PROVISIONS OF 

which authorizes a Board of Education to appoint one of 
their number the Acting Manager of Schools for the township, 
with such duties as the Board may prescribe in relation to the 
management and supervision of the different schools, and the 
educational interests of the township. He may be allowed a 
reasonable compensation for his services, but for the usual 
services of members of a Board of Education, the law pro- 
vides no compensation. 

A satisfactory method of determining the powers and duties 
of local Directors, is to study carefully the foregoing provis- 
ions, and assume that whatever school jurisdiction has been 
customary in this State, which is not expressly granted to 
Boards of Education, remains vested in the local Directors. 
More than this : In the absence of such rules and regulations 
as a Board of Education might establish, local Directors 
would unquestionably be recognized as the agents of the 
Board for the transaction of whatever may seem to be for the 
interest of the schools. It is in the power of a Board, at any 
time, to resume their functions ; but as long as they tacitly 
abdicate them, great indulgence should be extended to the 
action of the Directors. 

FREEDOM OF THE SCHOOL SYSTEM. 

This expression is somewhat indefinite ; but it is intended 
to express the fact, that the act of 1853 proposes, as the object 
of the taxation and organization thereby authorized, to afford 
" the advantages of a free education to all the youth of this 
State," and accordingly sweeps from the statute book every 
enactment imposing a rate-bill upon the parents or guardians 
of the children in attendance. "While gifts, grants, devises, 
donations, etc., in aid of the munificent provision by legisla- 
tion, are welcomed as sacred trusts, yet it is the crowning 
glory of the Ohio system, that in all her schools, education, 
like justice, is unsold — never denied. To accomplish such a 
result without convulsion, and with the universal acclamation 
of her people, is a proud record in the annals of the common- 
wealth. 



THE ACT OF MARCH 14, 1853. 227 

SCHOOL DISTRICT LIBRARIES. 

Another new feature of the school act has long been 
known, and favorably known, to the systems of other States, 
namely : the provision for school district libraries. 

" The law devotes one-tenth of a mill upon the dollar val- 
uation, on the grand list of property taxable for State purposes, 
as an annual fund ' for the purpose of furnishing school libra- 
ries and apparatus to all the common schools of the State,' 
and provides that ' every family in each district or sub-dis- 
trict, shall be entitled to the use of one volume at a time from 
the school library, although no member of such family attend 
any of the schools of the township.' The township Boards 
of Education are vested with the power to ' make and enforce 
such rules relative to the use and preservation of the school 
libraries and apparatus, as they may think advisable,' includ- 
ing the appointment and direction of Librarians. These libra- 
ries are ' deemed the property of said several Boards, or local 
school officers, to whom the same may have been delivered, 
and shall not be subject to execution, sale, or alienation, for 
any cause whatever.' Section 51 further provides that ' as 
soon as the revenue raised for the purpose of furnishing the 
common schools with libraries and apparatus, will admit, it 
shall be the duty of the State Commissioners of Common 
Schools to purchase the same, and the books and apparatus 
so purchased shall be distributed through the Auditor's office 
of each county, to the Board of Education in each township, 
city, or incorporated village, according to the enumeration of 
scholars.' 

" Perhaps no single recommendation has been more fre- 
quently made by State officers charged with the superintend- 
ence of common schools, than some public provision for town- 
ship or district libraries." 

SUPERVISION OF THE SYSTEM. 

In accordance with the example of all the States distin- 
guished by their systems of public instruction, and the ear- 
nest recommendation of all who have ever had a practical 
acquaintance with the subject, the Legislature deemed their 
labor incomplete, until a separate school department was 
organized at the seat of Government, presided over by an 
officer, designated in the act as a State Commissioner of 
Common Schools. Sections 47 to 57 are occupied with the 



228 ORIGIN, PROGEESS, AND PROVISIONS OF 

requisitions upon him. Elected for three years, with a salary 
of $1,500, he is required to execute a bond in the sum of 
$10,000, and take an oath of office ; to spend annually, at 
least ten clays in each of the nine judicial districts of the 
State, superintending and encouraging Teachers' Institutes, 
conferring with township Boards of Education, or other school 
officers, counseling teachers, visiting schools, and delivering 
lectures on topics calculated to subserve the interests of popu- 
lar education ; to purchase and distribute school district libra- 
ries ; to exercise such supervision over the educational funds 
of the State as may be necessary to secure their safety and 
right application and distribution according to law ; and, to 
that end, to require reports from all county municipal or 
school officers in the State ; to prepare and circulate suitable 
forms and regulations for making all reports and conducting 
all necessary proceedings under the school act ; to distribute 
copies of laws relating to schools and Teachers' Institutes, from 
time to time, with suitable forms and instructions ; and to 
'make an annual report, embracing full statistics of the public 
schools and school funds. He is also required to keep an 
office at the seat of Government, and attend the same, when 
not absent on public business. 

Thus has been enumerated the distinctive features of the 
school legislation of 1853. For the rest of its provisions, 
they constitute a digest of pre-existing acts, modified slightly 
bo as to conform to the new order of things. 

Local Directors were a familiar organization. Their num- 
ber was unaltered, but only one is elected annually, serving 
three years. This gives greater permanence to the body. It 
is devolved upon them to take the annual enumeration of 
youth in October; to manage and control the local interests 
and affairs of the sub-district ; to employ teachers, certify the 
amount due them for services, and dismiss them on sufficient 
grounds; to visit the schools at least twice during each term, 
by one or more of their number ; to negotiate and make, under 
such rules and regulations as the township Board may pre- 
scribe, all necessary contracts in relation to providing fuel for 



THE ACT OF MAKCII 14, 1853. 229 

schools, repairing, building, or furnishing school-houses, pur- 
chasing or leasing school-house sites, renting school-rooms, 
and making all other provisions necessary for the convenience 
and prosperity of schools within their sub-district, provided 
such contracts do not exceed the sub-district share of school 
funds applicable to the above purposes, unless the Board of 
Education first approve of the same ; and whatever contracts 
are made by the Directors are to be promptly reported to the 
township Board. In case of vacancy occurring, otherwise 
than by a failure to elect at a regular April meeting, the 
township Clerk appoints for the residue of the unexpired 
term ; but in the exceptional case, the former incumbent con- 
tinues in office, unless the electors summon a special meeting, 
as provided in section 4, and choose a successor. 

The act also contains a system of special school districts, 
similar to the provisions of the Akron and similar enact- 
ments, the advantages of which are only available to cities 
and incorporated villages having a population of three hun- 
dred, when a majority of the electors have decided to assume 
the form of organization thus provided, in preference to the 
general system of the act. See sections 32 to 36. 

The office of district Treasurer is abolished, and all the 
duties of that officer, as detailed in prior acts, are devolved 
upon the township Treasurer. • . 

The township Clerk is, ex officio, Clerk of the Board of 
Education; he draws orders in favor of teachers upon the town- 
ship Treasurer on the certificate of local Directors, or the order 
of the Board of Education. In case of neglect by the local Di- 
rectors, he must take the October enumeration of youth, and 
return an abstract of the same to the county Auditor ; he is 
Clerk of all meetings relating to high schools ; and in case 
of forfeiture of the township Treasurer's bond, it is his duty 
to prosecute and collect the same for the use of the schools in 
the township. 

The county Auditor is still, ex officio, county Superintendent 
of Common Schools ; and is required to report the statistics 
returned to him, by Boards of Education, annually to the 



230 ORIGIN, PROGRESS, AND PROVISIONS OF 

State School Commissioner. The apportionment of school 
funds by the Auditor of State, to the different counties, and 
by the Auditors of counties to the school corporations, is thus 
regulated by the act : 

"Sec. 37. The Auditor of State shall, annually, apportion 
the common school funds among the different counties, upon 
the enumeration and returns made to him by the State Com- 
missioner of Common Schools, and certify the amount so 
apportioned to the county Auditor of each county, stating 
from what sources the same is derived, which said sum the 
several county Treasurers shall retain in their respective 
treasuries from the State funds ; and the county Auditors 
shall, annually, and immediately after their annual settlement 
with the county Treasurer, apportion the school funds for 
their respective counties, according to the enumeration and 
returns in their respective offices ; and no township or other 
district, city or village, which shall have failed to make and 
return such enumeration, shall be entitled to receive any por- 
tion of the common school funds. And in making such 
distribution, each county Auditor shall apportion all moneys 
collected on the tax duplicate of any township, for the use of 
schools, to such township ; all moneys received from the 
State treasury, on account of interest on the money accruing 
from the sale of section sixteen, or other lands in lieu thereof, 
to the civil townships and parts of civil townships in the 
original surveyed township, or fractional township, to which 
such land belongs ; all moneys received by the county Treas- 
urer on account of the Virginia military school fund, United 
States Military District, and Connecticut "Western Reserve, 
according to laws regulating the same ; and all other moneys 
for the use of schools in the county, and not otherwise appro- 
priated by law, to the proper township ; and he shall, imme- 
diately after making said apportionment, enter the same into a 
book to be kept for that purpose, and shall furnish the town- 
ship Treasurers and township Clerks, Treasurers, and Re- 
corders of incorporated cities or villages, as the case may be, 
each with a copy of said appointment, and give an order on 
the county Treasurer to each township Treasurer, or to such 
Treasurer as may be entitled to receive the same, for the 
amount of money belonging to his respective township, city, 
or village, and take a receipt from such Treasurer for the 
amount thus received ; and the said county Auditor shall 
collect, or cause to be collected, the fines and all other moneys 
for school purposes, in his county, and pay the same over to 



THE ACT OF MARCH 14, 1853. 231 

the count} r Treasurer; and he shall inspect all accounts of 
interest for section sixteen, or other school lands, whether the 
interest is paid by the State or by the debtors, and take all 
the proper measures to secure to each township its full amount 
of school funds. 

" Sec. 38. When any original surveyed township in which 
section sixteen has been sold, shall lie in two or more 
counties, the Auditors of the respective counties shall certify 
to the Auditor of the county in which that portion of said 
township lies, containing said section sixteen, the enumeration 
of the scholars in that part of said township embraced within 
their respective counties ; and the Auditor of said county in 
which said section sixteen is situate, shall apportion the fund 
derived from said section sixteen to the different portions of 
said township, according to said enumeration, and shall certify 
to the Auditors of the other counties the amount belonging to 
the parts of said township situate in their respective counties, 
and draw an order in favor of the Treasurers of the other 
counties on the Treasurer of his own county for the amount 
going to each ; and the Auditors of the respective counties 
shall apportion the same, in their respective counties, to such 
portions or parts thereof as may be entitled thereto. 

" Sec. 39. The interest on the purchase of any such section 
sixteen belonging to any such original surveyed township, so 
as aforesaid, lying in two or more counties, shall be paid over 
on the order of the Auditor of that county in which such sec- 
tion sixteen is embraced, to the Treasurer of the same county, 
to be apportioned as is pointed out in the preceding section." 

The act is not unlike former legislation in the organization 
of a Board of School Examiners. They are appointed by the 
Probate Judge three in number, for the term of two years ; 
and the indispensable branches for a candidate's certificate 
are, " Orthography, Reading, Writing, Arithmetic, Geog- 
raphy, and English Grammar." The compensation for Exam- 
iners is one dollar and fifty cents for every day necessarily 
engaged in official service, to be paid from the county 
treasury. 

Among the miscellaneous provisions, school-houses with 
an inclosure not exceeding four acres, are exempted from sale 
on execution. Prior debts of school districts must be pro- 
vided for by township Boards. The process against a township 



232 KECENT EVENTS OF EDUCATIONAL INTEREST. 

Board is by summons, executed by leaving a copy thereof 
with the Clerk or Secretary of such Board, or other school 
officer, at least ten days before the return thereof; and 
it is the duty of the Prosecuting Attorney to attend to all 
suits for or against a Board. Provision is made for the adop- 
tion of the organization of the school act, by any municipal- 
ity organized under a special law. The Akron law of Feb- 
ruary 8, 1847, and the acts amendatory thereto, the " act for 
the better regulation of schools in cities, towns, etc.," passed, 
February 21, 1849, and the acts amendatory thereto, besides 
other acts creating special school districts, were continued in 
force, except that the rules established for the compilation of 
statistics, and the apportionment of school funds, are in all 
cases to govern. Boards of Education may hold any grant 
or devise, gift, etc., for the use of public schools ; and until the 
first officers elected under the law are qualified, all former 
school officers are recognized, and their acts made effect- 
ive. The repealing clause, which was voluminous, protected 
all obligations, liabilities, and rights acquired under the acts 
repealed. 

At the session of 1852, a law providing for the sale of sec- 
tion sixteen, was passed, (see Appendix, " School Laws in 
Force," chapter xvn,) and in 1853, an act regulating the 
schools of Cincinnati, (see Appendix, "School Laws in 
Force," chapter xxi.) 



CHAPTER XVII. 

RECENT EVENTS OF EDUCATIONAL INTEREST. 

So far in advance of the expectations of the most sanguine 
advocates of the constitutional article upon education, was 
the legislative response of 1853 to the injunction in favor of 



RECENT EVENTS OF EDUCATIONAL INTEREST. 233 

" a thorough and efficient system of common schools through- 
out the State," that many apprehensions prevailed among the 
friends of education, that too much had been suddenly under- 
taken. But, although a reaction was apparent, yet it has 
been unable, as yet, to impair the foundations of the new and 
imposing structure. The State school tax, at the session of 
1854, was reduced from two mills to a mill and a half; nev- 
ertheless, in the presence of a grand duplicate, much enlarged 
by the re-valuation of real estate in 1852-53, and the legisla- 
tion pursuant to the new Constitution, the amount collected by 
the lesser rate was $1,208,283.84, against $1,118,089.02, 
which was the proceeds of the two mill levy of 1853. 

Still the pressure upon the second General Assembly, 
under the Constitution of 1851, was very formidable. The 
Senate Committee upon Common Schools and School Lands, 
urged a further trial of the act which had so recently gone 
into operation, not only on the ground that its provisions had 
not been fairly tested, but the argument of their report did not 
rest here, and vindicated, with fullness and force, the leading 
provisions of the law. The House Committee conceded that 
the act of 1853 needed amendment, and reported a bill em- 
bracing the following modifications : 

1. To extend the limits of a district so as to include all ter- 
ritory annexed to any of its sub-districts, in order to obviate 
the difficulties in managing and supporting a school at the 
expense of more than one corporate body. 

2. To allow Boards of Education to modify the distribution 
of school funds, according to the local wants of sub-districts, 
and not peremptorily, according to enumeration, as the 
Supreme Court, in 1855, decided to be the true construction 
of the law. 

3. Restricting Boards of Education in the exercise of the 
power of changing the boundaries of sub-districts, by a pro- 
vision that such alteration be made at a regular session, after 
public notice of the proposed change, and in case of difficulty 
or disagreement, that a vote of the people should be deci- 
sive of the matter. 



234: RECENT EVENTS OF EDUCATIONAL INTEREST. 

4. A proposition to reduce the State levy for schools, one- 
fourth, which was done. 

5. A section giving the power to condemn private property 
for school-house sites. It is remarkable that no such power 
has been granted to school corporations, while so many pri- 
vate associations are clothed with it. 

With the exception of the fourth point, none of the fore- 
going recommendations were agreed to. They were dictated 
by no hostile feeling, and will probably be revived at no dis- 
tant day. 

At the session of 1856, elaborate reports were presented to 
both branches of the Legislature. The Senate Committee 
upon Schools and School Lands, consisting of Herman Can- 
field, of Medina, Felix Marsh, of Preble, and M. D. Hardy, 
of Noble, reported adversely to memorials asking the Legis- 
lature to abolish the office of School Commissioner, and the 
system of district libraries ; in favor of retaining the present 
method of examining teachers, and the mill and a half assess- 
ment for a State school fund ; and against the expediency of 
erecting the office of county Superintendent, at the present 
juncture ; but they reported a bill which proposed the follow- 
ing modifications of sections twenty-two and twenty-four, of 
the act of 1853 : 

1. To limit the power of taxation by township Boards of 
Education to one mill, for sustaining central or high schools, 
where established, one mill for prolonging sub-district schools 
after the State funds are exhausted, and one mill for school - 
house construction and other necessary expenditures. An- 
other clause fixed the maximum of taxation at three mills, 
unless, at a special meeting called for the express purpose of 
determining the question, a majority should vote in favor of 
an increased rate of taxation. 

2. Another amendment, suggested by a recent decision of 
the Supreme Court, allowed the Board of Education to vary 
from the ordinary rule, for distributing funds applicable to 
the payment of teachers, (according to the enumeration of 
youth,) so far as to prolong the schools at least six months in 



RECENT EVENTS OF EDUCATIONAL INTEREST. 235 

the year, by an apportionment of the township fund raised 
for that purpose, according to the particular wants of each 
sub-district. 

3. The minimum time in which Boards of Education are 
required to sustain schools, was proposed to be reduced from 
seven to six months. 

The House Committee, consisting of James Monroe, of 
Lorain, "W". Hendren, of Delaware, and C. Mendenhall, of 
Jefferson, reported very distinctly against any modification 
of the school act, except to limit the taxation for school-house 
and incidental purposes to a mill and a-half (unless a prop- 
osition for a higher rate was adopted in township meeting,) 
to reduce the minimum of instruction to six months, and 
suffer a distribution of the township tuition fond at the dis- 
cretion of the Board of Education. 

On the other hand, a formidable demonstration of hostility, 
especially to the office of State School Commissioner and 
the School District Libraries, was organized in the Legisla- 
ture ; and an amendment to the bill of the House Committee 
prevailed in that body, abolishing those features of the law. 
"With this addition, the bill became obnoxious to its original 
friends, and the practical result occurred, that no change in 
the school law was able to command a majority of either 
branch of the General Assembly ; although, by an omission 
to renew the levy of a tenth of a mill for library purposes, 
the distribution of books and apparatus was suspended for 
the current year. 

Incidentally, however, to a revision of the law relating 
to the public printing, an important change in the adminis- 
tration was effected. A proviso to section six, of " an act 
providing for recording, and printing and distributing the 
journals of the General Assembly and the laws and public 
documents," passed April, 8, 1856., directs that " the 
school year shaH begin on the 1st day of September annually, 
(instead of the 15th of November.) and close on the last day 
of the following August; and, that all school officers and 
township officers acting as such, who are or may be required 



236 RECENT EVENTS OF EDUCATIONAL INTEREST. 

to make annual reports to the county Auditor, shall make 
out the same and transmit them to the county Auditor on or 
before the 1st day of October following the school year ; 
while the county Auditor must make his report to the State 
School Commissioner, by the 5th of November in each year. 
Hitherto the returns of Boards of Education were required to 
be made, within twenty days after the third Monday of 
October, (" at the same time when the return of the enumera- 
tion of youth is required to be made,") and the time limited 
for the report of the county Auditor was " on or before the 
twentieth day of December, annually." The report of the 
State School Commissioner, formerly postponed to the twen- 
tieth day of January, is now required to be made to the Gov- 
ernor on or before the twentieth of November previously. 

On the 10th of April, 1856, an act was passed, legalizing 
all annexations or transfers of territory to or from the districts 
provided for in the act for the better regulation of public 
schools in cities, towns, etc., passed February 21, 1849, and 
the General School Act of March 14, 1853 ; and from abund- 
ant caution, authorizing the Boards of Education of any city 
or incorporated village, or union school district created by 
any law of this State, to transfer, by mutual agreement, terri- 
tory to and from their respective districts, according to the 
general provisions of the act of March 14, 1853. 

By another curative act, passed April 5, 1856, all sales of 
section sixteen, by the Trustees of civil townships, instead of 
the Trustees of the original surveyed or fractional townships, 
provided that the proceedings were otherwise in conformity 
with the provisions of the acts in force on that subject, when 
the sales occurred, were legalized in the possession of the 
purchasers, and their assignees, and heirs at law.* 

Having thus closed a review of the general school legisla- 
tion of the State, which, prior to 1851, has already been 
accompanied by full citations from Executive communications, 

* The enactments above referred to are reprinted in Appendix, " School 
Laws in Force." 



RECENT EVENTS OF EDUCATIONAL INTEREST. 237 

it is proposed to continue that transcript from the messages 
of thos*e gentlemen who have held the gubernatorial chair 
under the present Constitution. These paragraphs afford an 
instructive commentary upon the legislative action of the 
government which they preceded and accompanied. 

Governor Reuben Wood thus addressed the General Assem- 
bly of 1852, on the subject of education: 

" The sixth article of the Constitution is imperative on the 
General Assembly to provide for an efficient system of com- 
mon schools throughout the State. This is certainly one of 
the most interesting subjects which can occupy your considera- 
tion, or that of the American people. Under systems like 
ours, where the real sovereignty is with the citizen, and he 
rules himself: where government is upheld or put down by 
the opinions of the people, expressed through the ' self-reno- 
vating power of the ballot-box,' and not by violence, light, 
knowledge, intelligence, science, are essentially necessary to 
be widely spread among the masses of the community. A 
common English education is within the reach of all, and is, 
at least, indispensable to the happiness, safety, and prosperity 
of the State. Experience has shown that education, with the 
masses of the people, affords infinitely more protection to lib- 
erty, good morals, and more security to the rights of others, 
than all the criminal enactments that have ever been made, or 
prisons that have been built. ' 

"If we desire the rising generation to be virtuous, lovers 
of freedom, and to cherish our institutions which we must 
soon leave behind ; if civilization, intellectual enjoyment, 
substantial refinement, love of order, and prosperity, are to 
be leading characteristics with those who are to succeed us, 
the means must be provided, and an efficient common school 
system devised. 

" The youth of the State must be educated and instructed 
in habits of useful and industrial pursuits ; for habits formed 
in early life are likely to follow to its close. 

"The Constitution has very wisely provided for the invio- 
lability of the principal of the school funds, which now are, 
or hereafter shall be, under control of the General Assembly, 
and for the faithful application of the income to the pur- 
poses designed. It has also declared, that such sums 
shall be raised by taxation or otherwise, as, with the in- 
come of the school trust fund, will secure an efficient system 
of common schools throughout the State : and this Consti- 



238 RECENT EVENTS OF EDUCATIONAL INTEREST. 

tution the Representatives of the people have solemnly sworn 
to support. 

" For the amount and condition of all moneys and grants 
for school purposes, the General Assembly is referred to the 
report of the Secretary of State. 

" It is respectfully recommended that every school district 
should be required to have a school kept in it, from the first 
of December until the first of April in each and every year, 
and that parents or guardians, and all others intrusted with 
the custody of children, should be required to send them to 
some school, for at least three months of that time, unless for 
good cause excused by the Directors. It is likewise sug- 
gested, that some method should be provided, better suited 
than the one now in force, to prevent the employment of all 
but competent teachers, and those of unexceptionable moral 
character. 

" I believe it to be true, that children in the habit of at- 
tending school become fond of it. The desire to learn in- 
creases. If the foundation be laid in youth, every one of 
either sex, as a general rule, and in any ordinary condition, 
may become possessed of a common English education, may 
be intelligent and intellectual. There is leisure sufficient 
from the employment of all, if the disposition exist. 

" The General Assembly might do much to improve our 
common schools, and to promote the cause of education, by 
providing for suitable libraries in every school district, such 
as would be adapted to the capacities and tastes of youth. 

" In Massachusetts, every school is furnished by the State 
with Webster's Dictionary, as the standard work of Orthog- 
raphy and Pronunciation. The same is recommended by a 
Committee of the New York Legislature for the Empire State. 

" It is admitted to be the most valuable work of the kind 
extant, by the learned men both here and in Europe, and its 
general use in our schools would break down all provincial- 
isms, so to speak, and produce uniformity and elegance in the 
use of our language. Words would then be used by every 
one in the same sense in which they are defined by that able 
lexicographer. 

" Much might also be done by the General Assembly to en- 
courage literary taste, by small aid from time to time, for the 
purchase of books, periodicals, and newspapers, for permanent 
literary associations, lyceums, and clubs, in our cities and 
towns. 

" It would certainly have a tendency to prevent dissipation, 
by the desertion of places tending to immoralities, and cause 



RECENT EVENTS OF EDUCATIONAL INTEREST. 239 

young men to store their minds with useful knowledge, and 
elevate themselves in their own self-dignity and self-respect. 

" Again, I would say, let the masses be educated. Send 
information and the means of instruction among all classes 
of our people unable to provide it, and jails will become ten- 
antless, and your penitentiary greatly diminish in its occu- 
pants. The songs of riot and debauchery will be seldom 
heard in your streets, and your Executive will escape the con- 
stant annoyance of parents, wives, and children, for some 
ignorant and disgraced, but still cherished object, who has 
forfeited his liberty to satisfy the claims of justice. 

" My predecessor, in his last annual message, among other 
things, recommended a thorough revision of the school laws. 
He remarks, ' The law which now professes to regulate this 
system has been in force for many years. It has undergone 
many alterations, is printed in many different volumes of the 
statutes, and is thus made difficult to be found and still more 
difficult to be understood, by the great majority of persons 
whose duty it professes to point out.' 

" I fully concur with him in opinion, and the entire subject 
is earnestly and respectfully recommended to the early and 
deliberate consideration of the General Assembly, with the 
full conviction that the people of Ohio will cheerfully submit 
to any reasonable burdens that may be imposed in aid of 
the school fund, and which shall be faithfully applied to the 
purposes of common schools, believing, as they justly do, that 
it would relieve them from other burdens, in a measure, 
which are now levied to secure the faithful and prompt ad- 
ministration of penal laws." 

Governor "William Medill, at the second regular session of 
the General Assembly for IS 54, thus expressed himself : 

" Our common schools, from their universal diffusion, 
located as they are in every neighborhood, and distributing 
their healthful influence to every family, should always be 
regarded as among the very first objects of legislative care. 
They have not inaptly, at times, been styled 'the people's 
colleges,' and are certainly the palladiuni'and most effectual 
defense of our free institutions. 

" The new Constitution makes it imperative on the General 
Assembly, ' to make such provisions by taxation, or otherwise, 
as with the income arising from the school trust fund, will 
secure a thorough and efficient system of common schools 
throughout the State.' 

" In accordance with this requirement of the Constitution, 



240 RECENT EVENTS OF EDUCATIONAL INTEREST. 

the last General Assembly, with almost entire unanimity, 
passed a law re-constructing our educational system, ele- 
vating its standard, extending its usefulness, and imparting 
to it a greater degree of efficiency. 

" It is claimed by the friends of the system thus created, that 
the new features engrafted upon it, are decided improve- 
ments — in perfect accordance with the educational progress 
of the age, and the educational demands of our rapidly 
increasing population. 

"In a Republic like ours, founded as it is on the virtue and 
intelligence of the people at large, the thorough and efficient 
education of those who are soon to assume the duties and 
responsibilities of Government in all its departments, is 
essential to the healthful existence of the Government itself, 
and can not be neglected without danger to the vital interests 
of our free institutions. 

" The new provisions of the present school law, involving 
changes radical in their character, must necessarily produce, 
for a time, much embarrassment and inconvenience, and in 
some instances it may be, actual oppression. But most of 
these being of a temporary nature, and incident to almost 
every innovation upon long established usage, they should 
not impel the General Assembly to hasty and inconsiderate 
legislation, lest the present law may be, in a short time, 
involved in the same complexity and confusion which, under 
the former laws, produced so much embarrassment. 

" The annual assessment and levy of two mills upon the 
grand duplicate of the State, for school purposes, is regarded 
by many of the tax-payers as oppressive and unnecessary. 
This levy, however, is only half a mill greater than that 
authorized by the former law. 

" Prior to the passage of the present law, the State levied 
half a mill, and county Commissioners were required to levy 
a mill, for school purposes ; making a total school tax of one 
mill and a half. Under the new law, both levies have been 
united into one, and styled a State levy. 

" Another tax which has borne very heavily upon the tax- 
payers the past year, is the one authorized to be assessed by 
township Boards of Education for the purchase of school- 
house sites, and the erection of school-houses. The amount 
that has been raised for these objects is very nearly as large 
as that levied by the State. It is a tax that will not require 
to be repeated, however, in the next fifteen or twenty years. 

" In the establishment of all school systems, three objects 
should be constantly kept in view : brevity, simplicity, and 



RECENT EVENTS OF EDUCATIONAL INTEREST. 24:1 

the utmost degree of economy that is consistent with the 
proper education of the youth of the State. To attain these 
excellencies, however, much time and experience, and a care- 
ful observation of the working of the system, are necessarily 
required. 

" The grand duplicate has been greatly increased by the 
re-valuation of the real estate. A levy of two mills, for the 
ensuing year, would produce one-fourth more revenue than 
was raised during the past year, under the same levy. No 
system can operate beneficially that bears too heavily on the 
people. I therefore recommend that the law be so modified 
in this particular, as not to require any increase, at least, of 
the amount now assessed by the State." 

Again, in his annual message of January, 1856, Governor 
Medill observed : 

"The State of Ohio is justly distinguished for a liberal and 
enlightened system of public instruction. Contemplated by 
the territorial legislation of Congress, it was undertaken by 
the people of the State, as soon as the exigencies of a frontier 
and the exposures of war would allow, and has encountered 
less obstruction and more encouragement from the public sen- 
timent than has usually been observed in the progress of sim- 
ilar systems elsewhere. General education is recognized by 
the Constitution of 1851 as a duty of Government, no less 
than a parental obligation, and the law of March 14, 1853, 
not only furnished ample provision for schools of every grade, 
but will be memorable in our annals for establishing the prin- 
ciple that they are open to all — free or common schools — in 
the fullest sense of the term. Instead of a mixed State and 
county tax of a mill and a half for their support, the act in 
question directed a State school tax, and that its proceeds 
should be distributed from the State treasury in proportion to 
the enumeration of youth of school age within the respective 
counties. Every township was constituted a district, and 
intrusted to a Board of Education, consisting of a Represent- 
ative from each sub-district, who are authorized to make or 
alter such sub-districts, to assess taxes for the construction of 
school-houses, and the extension of school terms ; and to 
exercise whatever general supervision of educational interests 
may be consistent with the duties enjoined upon the local 
Directors in each sub-district. A fund of one-tenth of a mill 
yearly was appropriated 'for the purpose of furnishing school 
libraries and apparatus to all the common schools of the 
State,' and the supervision of the system was confided to a 

16 



24:2 KECENT EVENTS OF EDUCATIONAL INTEREST. 

State Commissioner, elected by the people. In other re- 
spects the present school law is a digest of previous legisla- 
tion, and was intended to relieve the public mind from the 
confusion and uncertainty caused by frequent and inconsider- 
ate amendment. 

" A sufficient period has now elapsed for you to determine 
whether the people are generally satisfied with the present 
law, or in what respect it requires modification. There has 
been some complaint in the manner of distributing the State 
school fund. Those counties which include populous cities 
are assessed with greater amounts than the enumeration of 
youth entitle them to receive, and in one instance the amount 
received is only about one-half the sum contributed to the 
State fund. Still it is easy to see that if we consider the 
child as the object of public regard — as a ward of the State 
for a certain degree of instruction — that the direct application 
of the public bounty to the youth of the counties in propor- 
tion to the annual enumeration, is neither illogical nor incon- 
sistent. It presents a fair subject, however, for the consider- 
ation of the General Assembly. 

" The organization of township Boards of Education, which, 
to the extent of their powers and duties, reduce the authority 
of local Directors, was a centralizing measure, and has 
undoubtedly produced a greater degree of uniformity and effi- 
ciency ; but it is a grave question whether the division of 
jurisdiction between those bodies has not led to disagreement 
and confusion, and whether the power of taxation, vested in 
Boards of Education, has not been injudiciously exercised. 

"I deem it highly important that the school act should 
accurately define the powers and duties of these officers 
respectively ; although it is quite possible that former uncer- 
tainty in this, and other respects, has been removed by the 
opinions and advice of the State Commissioner. The present 
system owes much to the habitual and judicious expositions 
of that officer. 

"Boards of Education are required to furnish schools for 
seven months of the year, and they are authorized to direct 
assessments ' for school purposes other than for the payment 
of teachers,' under which head the item of school-house con- 
struction is included. They may also direct assessments not 
exceeding two mills on the dollar, for the support of central 
or high schools, when legally established, and. for the purpose 
of prolonging, after the State funds have been exhausted, the 
terms of the several sub-districts or primary schools in the 
township. There does not seem to be any limitation of the 



KECENT EVENTS OF EDUCATIONAL INTEREST. 243 

power of taxation ' for school purposes, other than the pay- 
ment of teachers.' 

"The taxes assessed for local school purposes in 1854 
amounted to $1,295,424, and in 1855 to $1,240,346, amounts 
almost equal to the State school tax of a mill and a half on the 
grand duplicate. The largest portion of these assessments 
were doubtless for school-house structures, and to prolong the 
schools beyond the period of seven months, and may be re- 
garded as extraordinary expenditures. "Why should not the 
proposition to incur them be submitted to the consideration of 
the people of the township ? As the services of members of 
Boards of Education are gratuitous, those officers are usually 
ardent friends of education, and there is danger that their zeal 
in its behalf, however honorable to them, individually, may 
sometimes fail to be sustained by public opinion ; a state of 
things certain to produce an injurious reaction, and to impair 
the usefulness of our school system. It would be better to dis- 
tribute a certain degree of educational progress over several 
years, and be sure, meanwhile, of a cordial sentiment of public 
approval, than to precipitate the same results within a single 
year, and thereby alienate the sympathies of the community. 
The latter must accompany and sanction all our school move- 
ments, and no more serious error can be committed than to 
mistake the enthusiasm of a few for the conviction of the 
many. Let every step be carefully considered, and fully ma- 
tured, and if unusual in its nature, ratified by a majority of 
the people of the district, at a meeting called for its discus- 
sion, and we may confidently dismiss our fears for the future 
prosperity and advancement of the cause of popular edu- 
cation.'" 

Governor S. P. Chase, in his Inaugural Address of Janu- 
ary, 1856, briefly alluded to the subject as follows : 

" I need not commend to your judicious consideration the 
educational and benevolent institutions of the State. Univer- 
sal education is our cheapest defense, and surest safeguard, 
and most enduring wealth. Our common schools, which se- 
cure to the people this great benefit, are firmly established in 
their affections, and will justly claim the fostering care of their 
Representatives." 

Since February, 1854, the school department, re-organized 
so fully under the act of 1853. has been under the superin- 
tendence of Hon. H. IT. Barney. Two reports have been 
made by him as State School Commissioner, from which 



244 RECENT EVENTS OF EDUCATIONAL INTEREST. 

very considerable compilation has been made in the progress 
of these pages. Much of their space has been occupied with 
historical details ; but even a larger proportion has been de- 
voted to practical dissertation upon the most effective methods 
for the external administration and internal management of 
schools. 

From the last annual report of the State School Commis- 
sioner are compiled the following statistics, which are here 
presented as the highest evidence that the elaborate system, 
whose progress has been under consideration, is fruitful of 
benefit to the community which sustains it so munificently. 

A general statement of the public expenditure for the pur- 
pose of education in Ohio, during the past year, embraces 
the following items : 

Amount of State common school fund appor- 
tioned to the counties according to the enumera- 
tion of unmarried youth between the ages of five 
and twenty-one years, being at the rate of $1.48 
per capita $1,208,283 84. 

Interest paid to the counties on school funds held 

by the State in trust 125,206 21. 

Rents of Virginia Military school lands 2,903 54. 

Local assessments for school-house construction, 
for teachers' wages in addition to State funds, 
fuel, and miscellaneous expenses 1,295,424 84. 

Total *. $2,631,818 40. 

The number of school-houses reported by 1,19S Boards, is 
7,830, valued at $2,229,911. The number in the whole State 
is probably 10,287, worth about $3,090,306. There were 740 
school-houses built in 1855, at an aggregate cost of $438,602, 
or an average of $593. Of the school-houses heretofore 
erected and whose condition is stated in the reports, 4,592 are 
represented as "good," 1,515 as "bad," and 1,269 as "mid- 
dling," while 464 are enumerated, but their condition is un- 
reported. 

From the mass of returns relating to the numbers engaged 



RECENT EVENTS OF EDUCATIONAL INTEREST. 245 

in different studies, the following are selected as the most 
reliable : 

Number of pupils who can read 430,432. 

who can write 362 497. 

engaged in the study of the Alphabet. 116,933. 

Orthography 497,717. 

Mental Arithmetic 233,756. 

Written do 246,896. 

Geography 115,839. 

English Grammar 84,684. 

History 55,948. 

Algebra 16,502. 

Geometry 15,328. 

Nat. philosophy.. 15,068 

Chemistry 14 551. 

Geology 24,721. 

The special school tax levied by townships and districts, in 
1854, for the expenditure of 1855, amounted to $1,295,424.84. 
The returns from all the counties in the State, except seven, 
will exhibit the nature of these expenditures, and indeed pre- 
sent intrinsic evidences of being very nearly accurate : 

Purchasing school-house sites $ 15,596 88. 

Building and furnishing school-houses 455,027 07. 

Hiring school-houses ' 1,726 41. 

Repairing school-houses 47.688 31. 

Fuel 34,418 61. 

Cases for books and apparatus 775 06. 

Other contingent school expenses 88,265 70. 

Prolonging schools seven months 409,022 57. 

Sustaining high schools 13,369 28. 



do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 



do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 


do 



Total $1,065,759 89. 

The reports of the county Auditors warrant the following 
statement of the amount paid for teachers' wages in 1855 : 

MALES. FEMALES. TOTAL. 

Common $1,086,302 62 $600,116 04 $1,686,418 66. 

High 50,904 18 20,848 01 71,752 19. 

German and Eng.. 7,965 68 1,072 15 9,037 83. 

Colored 5,859 17 2,700 27 8,559 44. 



Total $1,151,03165 $624,736 47 $1,775,768 12. 



246 RECENT EVENTS OF EDUCATIONAL INTEREST. 

A satisfactory view is afforded by comparing the items as 
returned in 1854 and 1855 respectively: 

1854. 1855. 

Total enumeration of youth of school age. .816,408 820,624. 

Number enrolled in the schools 612,185 669,024. 

Average daily attendance 362,514 388,373. 

Number of pupils in Orthography 385,912 497,717. 

do do Arithmetic 226,289 246,898. 

do do Grammar 61,027 84,684. 

do do Geography 93,384 115,839. 

do do Algebra 5,776 16,502. 

do do Geometry 1,037 15,328. 

do do Chemistry 1,033 14,551. 

Male teachers in common schools 9,902 10,998. 

Female do do 8,502 9,854. 

Male do high do 71 115. 

Female do do 63 81. 

"Wages per month of male teachers in com- 
mon schools $23 00 $25 02. 

do do female do 13 00 14 20. 

do do male do high 58 00 61 35. 

do do female do do 28 50 30 60. 

Total amount of teachers' wages $1,684,694 $1,775,768. 

Special school tax levied 987,696 1,295,424. 

Of this last item, amount levied for pro- 
longing schools seven months 404,378 409,022. 

Number of Boards of Education 1,514 1,574. 

Number of sub-districts 11,365 10,000. 

New school-houses erected 770 740. 

Cost of new school-houses $346,944 $438,602. 

Average cost of new school-houses 451 593. 

This comparative statement, when it is considered that the 
interval covers a period in which the community sustained 
groat depression by the unprecedented drouth of one year, 
and the extraordinary prevalence of sickness during its suc- 
cessor, justifies the belief that no step backward can be rea- 
sonably anticipated in the future career of the Ohio School 
System. Already has an opportunity been afforded to test 



RECENT EVENTS OF EDUCATIONAL INTEREST. 247 

the disposition of both the political parties of the State, under 
the responsibility of a legislative majority, and the fact that 
no mutation of State administration is likely to change the 
essential features of the existing provision for public instruc- 
tion, in any essential feature, should be a subject of pride and 
congratulation to every citizen. These pages have indicated 
the gradual but sure development of that provision ; and as 
the conclusion of the preceding review — contemplating the 
broad foundation and lofty proportions of the " thorough and 
efficient system of common schools " now firmly secured to 
the people of Ohio — no aspiration can be more appro- 
priate than an enthusiastic Esto Perpetua — " May it live 
forever ! " 



SCHOOL LAWS IN FOKCE 



SCHOOL LAWS IN FORCE.* 



CHAPTER I. 

GENERAL SCHOOL ACT. 

An Act to provide for the reorganization and maintenance 
of Common Schools. 

[Passed March 1, 1853, LI vol. Stat. 429.] 



Townships com- 
pose districts: 
school districts 
are sub-dis- 
tricts. 



Sec. 1 . Be it enacted by the General Assembly of the 
State of Ohio, That hereafter each and every organ- 
ized township in the State shall compose but one school 
district for all purposes connected with the general in- 
terests of education in the township, and shall be con- 
fined to the management and control of a Board of 
Education, and the several school districts and frac- Board of Educa- 
tional parts thereof, which now are, or may hereafter 
be established in the several organized townships of the 
State, shall be regarded as sub-districts, and be con- 
fided to the management and control of local Directors, Local Directors, 
as hereinafter provided; but nothing contained in 
this act shall be so construed as to give to the town- 
ship Board of Education, or to local Directors in sub- 
districts, jurisdiction over any territory in the town- 
ship included within the limits of any city or in- 
corporated village, with the territory annexed thereto 
for school purposes, which shall elect or appoint a 
Board of Education as hereinafter provided, or, which 
now is or may hereafter be governed, as to schools, by 
any special or other act, specified in the sixty-seventh 
section of this act. 



Cities, etc. 



•For the convenience of reference, the following acts are numbered 
as chapters. 

(251) 



252 



GENERAL SCHOOL ACT. 



ELECTION OF LOCAL PIRECTORS. 



When, where, 
and how direct- 
ors elected. 



Term of office. 



Minutes of the 
meeting. 



Clerk to record. 
Clerk to certify. 



Hour of holding 
election. 
Who may desig- 
nate. Five days' 
notice to be 
given. 

Official oath. 



Vacancy, how 
filled. 



Sec. 2. On the second Monday of April, in the year 
eighteen hundred and fifty-three, there shall be held at 
the usual hour and place of holding district meetings 
in each of the sub-districts of the several townships of 
the State, a school meeting of the qualified voters resi- 
dent within the sub-district, and having the qualifica- 
tions of voters at the State and county elections, who, 
when assembled, shall organize by the appointment of 
a Chairman and Secretary, and proceed to elect by 
ballot, three School Directors for such sub-district; of 
those so elected, the person receiving the highest num- 
ber of votes shall hold his office for three years; the 
person receiving the next highest number, shall hold 
the office for two years; and the person receiving the 
next highest number, shall hold the office for one year; 
and each shall continue in office until his successor is 
elected and qualified. In case two or more persons 
so elected have received an equal number of votes, the 
duration of their respective terms of office shall be 
determined by lot, in the presence of the Chairman 
and Secretary of the meeting; and annually thereafter, 
in the same manner, on the second Monday in April, 
there shall be elected in each sub-district of the proper 
township, one School Director for the term of three 
years; and the minutes of the proceedings of any such 
district meeting shall be signed by the Chairman and 
Secretary, and delivered to the Directors, who shall have 
been elected as aforesaid, to be recorded by the Clerk 
in the records of the sub-district, and the said Clerk of 
the sub-district shall forthwith certify to the township 
Clerk, the names of the local Directors so elected, speci- 
fying the term for which each was elected; if the 
Directors of any sub-district so elected shall deem it 
expedient, they may designate the specific hour of the 
day on which the annual election for such sub-district 
shall be held, and in such case, shall cause five days 
notice thereof, in writing, to be posted up in three of 
the most public places in such sub-district. 

Sec. 3. The said Directors, within five days after 
their election, shall take an oath or affirmation to sup- 
port the Constitution of the United States, and of the 
State of Ohio, and faithfully and impartially to dis- 
charge the duties of their office; which said oath the 
Directors are authorized to administer to each other. 
And in case a vacancy shall occur in the office of 
Director, by death, resignation, refusal to serve, or 



GENERAL SCHOOL ACT. 



253 



Terms of office. 



otherwise, it shall be the duty of the township Clerk to 
fill such vacancy within ten days after being- informed 
thereof, by appointment for the unexpired term. 

Sec. 4. If the qualified voters of any sub-district shall Special meeting 
fail to meet and elect School Directors, as prescribed in [o rs eleot direc " 
the second section of this act, it shall be lawful for any 
three qualified voters of such sub-district, to call a 
special meeting of the voters of such sub-district, for the 
purpose of electing directors, on first giving five days' 
notice, in writing, of the time and place of holding 
such meeting, by posting the same in three of the most 
public places in such sub-district; and the Directors, 
so elected at such special meeting, shall hold their 
offices for the same terms of time as if elected on the 
second Monday of April, as prescribed in said second 
section, except that their said terms of office shall be 
considered as having commenced on the second Mon- 
day of April next preceding the time of holding such 
special meeting. 

Sec. 5. It shall be the duty of the Directors, any two 
of whom shall constitute a quorum, to meet as soon as 
practicable after having been elected and qualified, at 
such place as may be most convenient in the sub- 
district, and organize by appointing one of their num- 
ber Clerk of the sub-district, who shall preside at the cierkofsub-dis- 
official meetings of the Directors, and record their pro- tr 'cts; duties of 
ceedings in a book provided for the purpose, together 
with the minutes of the proceedings of the annual 
school meetings held in the sub-district, by the quali- 
fied voters thereof, which shall be a public record; and 
all such proceedings, when so recorded, shall be signed 
by the Clerk of the proper sub-district. The Directors 
may meet as frequently as they may think necessary 
for the transaction of business, and fill any vacancies 
in the office of Clerk which may occur in the sub-dis- 
trict: or, in case of his absence, either of the other 
Directors may officiate temporarily in his place. 



How Directors 
to organize, and 
their meetings. 



DUTIES OF LOCAL DIKECTOKS. 



Sec. 6. It shall be the duty of the School Directors, Their duties. 
in each sub-district, to take the management and con- 
trol of its local interests and affairs, to employ teachers, 
to certify the amount due them for services to the 
township Clerk, who shall draw an order on the town- 
ship Treasurer for the amount; and to dismiss any Township Clerk 
teacher, at any time, for such reasons as they may t0 () ra w orders 
deem sufficient; and to visit the school or schools of 
the sub-district at least twice during each term, by one 



254 



GENERAL SCHOOL ACT. 



Duties of local 
Directors con- 
tinued. 



When consent 
of Board to be 
obtained. 



Contracts to be 
reported to 
Board. Board 
responsible for 
performance of 
contracts. 



Enumeration of 
youth- 



or more of their number, with such other person or 
persons competent to examine pupils in their studies, 
as they may choose to invite. 

Sec. 7. It shall be the duty of the Directors, in 
their respective sub-districts, to negotiate and make, 
under such rules and regulations as the township 
Board of Education may prescribe, all necessary con- 
tracts in relation to providing fuel for schools, repair- 
ing, building, or furnishing school-houses, purchasing 
or leasing school-house sites, renting school- rooms, and 
making all other provisions necessary for the con- 
venience and prosperity of schools within their sub- 
district; but no contracts shall be made by the 
Directors, under the provisions of this section, for the 
payment of money from the township school fund ap- 
plicable to such purposes, which in any one year shall 
exceed the amount distributable to the sub-districts, 
in proportion to the enumeration of scholars resident 
therein, without first obtaining the consent or order of 
a majority of the township Board of Education; and all 
contracts made by the local Directors, under the pro- 
visions of this section, shall be reported to the said 
Board, at their next meeting after the making of such 
contracts; and said township Board of Education, in 
their corporate capacity, on the part of the sub-dis- 
trict, shall be held responsible for the performance 
thereof. 

Sec. 8. It shall be the duty of the Directors in each 
sub-district, to take, or cause to be taken, annually, 
between the first and third Monday of October, an 
enumeration of all the unmarried white and colored 
youth, noting them separately, between the ages of 
five and twenty-one years, resident within such sub- 
district, and not temporarily there, designating between 
male and female, and return a certified copy thereof to 
the township Clerk. And in case the Directors in any 
sub-districts shall fail to take and return the enumera- 
tion aforesaid, it shall be the duty of the township 
Clerk to employ a competent person to take the same, 
and allow him a reasonable compensation for his ser 
vices, and shall proceed to recover the amount so paid, 
for such services, in a civil action, before any court 
having jurisdiction, in the name of the State of Ohio, 
against said Directors, in their individual capacity; and 
in such suits, said Clerk shall be a competent witness; 
and the money so collected shall be applied to the use 
of common schools in the proper township. The 
township Clerk shall make an abstract of the enumer- 
ation so returned to him, designating the number of 



GENERAL SCHOOL ACT. 



255 



youth in each sub-district, and transmit such abstract, Abstract to be 
duly certified, to the county Auditor, within twenty Auditor, 
days after the return made to him by the Directors, or 
the person appointed to take such enumeration. 

Sec. 9. If any civil township, or part of a township, Different sur. 
composing a sub-district, shall be partly situated in separa°te b iy. noted 
the Virginia Military District, the United States Mil- 
itary District, the Western Reserve, or in an original 
surveyed township, or fractional township, to which 
belongs any of section sixteen, or other lands in lieu 
thereof, or any other lands for the use of schools, or 
any interest in the proceeds of such school lands, the 
local Directors shall, in taking the enumeration of youth 
resident within their jurisdiction, return separately 
those residing in the Virginia Military District, or United 
States Military District, or Western Reserve, or original 
surveyed or fractional township, to which belong any 
school lands, or interest in the proceeds of school lands. 



Quorum. 



TOWNSHIP BOARDS OF EDUCATION. 

Sec. 10. That the township Board of Education shall Of whom com- 
consist of the township Clerk, and of the local Director l ' os ' 
from each sub-district of the township, who has been 
appointed Clerk in his sub-district, a majority of whom 
shall constitute a quorum for the transaction of busi- 
ness; and the Clerk of the township shall be Clerk of Township cierk 
the Board, but shall not be entitled to a vote. It shall ^° ^ Clerk of 
be the duty of said Clerk to be present at the meetings 
of the Board, and to record in a book, to be provided 
for the purpose, all their official proceedings, which 
shall be a public record, open to the inspection of any 
person interested therein; and all such proceedings, 
when so recorded, shall be signed by the Chairman and 
Clerk. 

Sec. 11. The said township Board of Education, in Powers and du- 
each township of the State, and their successors in tie3 - 
office, shall be a body politic and corporate in law, 
and, as such, may contract and be contracted with, 
sue and be sued, plead and be impleaded, in any court 
of law or equity in this State, and may receive any 
gift, grant, donation, or devise, made for the use of 
any school or schools, within their jurisdiction; and, 
moreover, they shall be, and are hereby invested, in 
their corporate capacity, with the title, care, and cus- 
tody of all school-houses, school-house sites, school 
libraries, apparatus, or other property belonging to the 
school district as now organized, or which may here- 
after be organized, within the limits of their jurisdiction, 



256 



GENERAL SCHOOL ACT. 



Sessions of the 
Board, regular 
and adjourned. 



Management of 
central and high 
schools. 



When to act as 
local Directors. 



To prescribe 
rules, ete. 

May provide for 
German schools. 



with full power to control the same in such man- 
ner as they may think will best subserve the interests 
of common schools, and the cause of education; and 
when, in the opinion of the Board, any school-house, 
or school-house site, has become unnecessary, they 
may sell and convey the same in the name of the 
township Board of Education of the proper township; 
such conveyance to be executed by the Chairman and 
Clerk of said Board, and shall pay the avails over to the 
township Treasurer of the proper township, for the ben- 
efit of schools; and all conveyances of real estate 
which may be made to said Board, shall be to said 
board in their corporate name, and to their successors 
in office. 

Sec. 12. It shall be the duty of the township Board 
of Education to hold regular sessions on the third Mon- 
day of April, and on the third Monday of October in 
each year, in the usual place of holding township elec- 
tions, or at any such place in the immediate neighborhood 
as may be convenient for the transaction of any busi- 
ness which may be necessary in relation to the subject 
of either the primary or graded schools of the town- 
ship, with power to adjourn from time to time, or to 
hold special meetings at any other time or place within 
the proper township, as they may think desirable for 
the transaction of business as aforesaid, and at all such 
meetings shall appoint one of their number to the 
Chair, and in case of the absence of the township Clerk, 
may appoint one of their own number to serve tempo- 
rarily as Clerk. 

Sec. 13. The township Board of Education shall 
have the management and control of all the central and 
high schools of their proper township, which may be 
established therein under the authority of this act, with 
full power, in respect to such schools, to employ, pay, 
and dismiss teachers, to build, repair and furnish the 
necessary school-houses, purchase or lease sites there- 
for, or rent suitable school-rooms, and make all other 
necessary provisions relative to such schools as they 
may deem proper; and it shall also be the duty of said 
Board of Education, to exercise all the powers conferred 
on local Directors in respect to sub-district schools, 
whenever such local Directors shall neglect to discharge 
their duties in any sub-district, as required by this act; 
and it shall also be the further duty of said Board to 
prescribe rules and regulations for the government of 
all the common schools within their jurisdiction; said 
Board of Education may provide for German schools 
for the instruction of such youth as may desire to study 



GENERAL SCHOOL ACT. 



257 



the German language, or the German and English 
languages together, and if the Board shall deem it 
necessary, they may appoint one of their number the 
Acting Manager of Schools for the township, who shall 
do and perform all such duties as the Board may pre- 
scribe in relation to the management and supervision of 
the different schools, and the educational interests of 
the township, and may allow him a reasonable compen- 
sation for his services. 

Sec. 14. The said Board shall prepare, or cause to be 
prepared, a map of their township, as often as they 
deem necessary, on which shall be designated the sub- 
districts of the township, which they may change or 
alter at any regular session, and the number of scholars 
assigned to each; but no sub-district shall contain 
within its limits, less than sixty resident scholars by 
enumeration, except in cases where, in the opinion of 
the Board, it is necessary to reduce the number; and it 
shall be the duty of the Board to establish a school in 
each sub-district of the township, of such grade as the 
public good, in their opinion, may require; and in the 
location of primary schools, or schools of higher grade, 
the Board shall have reference to population and neigh- 
borhood, paying due regard to any school-house already 
built, or site procured, as well as to all other circum- 
stances proper to be considered, so as to promote the 
best interests of the schools. 

Sec. 1 5. The Board shall have power to assign such 
number of scholars to the severaj primary schools as 
they may think best; and when such assignment has 
been made, shall furnish the teacher a list of the 
scholars to be assigned; and the Board shall also have 
full power to regulate and control the admission of 
scholars to schools of a higher grade, according to age 
and attainments, and may admit scholars over twenty- 
one years of age, and may suspend, or authorize the 
local Directors to suspend, from the privileges of either 
of the schools, any pupil found guilty of disorderly 
conduct, which suspension shall not extend beyond the 
current session of the school. 

Sec. 16. Whenever it shall happen that persons are 
so situated as to be better accommodated at the school 
of an adjoining township, or whenever it may be desira- 
ble to establish a school composed of parts of two or 
more townships, it shall be the duty of the respective 
Boards of the townships in which such persons reside, 
or in which such schools may be situated, or of the 
townships or parts of which the school is to be com- 
posed, to transfer such persons for educational purposes 

17 



May 
Acting 



appoint 
Mana- 



Map of town- 
ship. 

Board may alter 
sub-districts. 



Sub-districts not 
to contain less 
than sixty schol- 
ars, except. 

School in each 
sub-district. 



Assignment of 
scholars to high- 
er schools. 



Disorderly 
scholars may be 
suspended. 



Division of 

township for ed- 
ucational pur- 
poses. 



258 



GENEKAL SCIIOOL ACT. 



Scholars maybe to the township in which such school house is, or 
transferred to ma „ j> e ] oca t e d; but the enumeration of scholars 

another town- J . ' 

ship. shall be taken in each township, as if no such transfer 

had been made, and such school, when so composed, 
shall be supported from the school funds of the respect- 
ive townships from which the scholars may have been 
transferred; and the Board of that township in which 
the school-house is situated, shall have the con- 
trol and management of such school, and the Board of 
the adjoining township or townships, so connected for 
school purposes, shall each make the proper estimates 
of their share of expenses of every kind necessary to 
sustain said school, and certify the same to the Auditor 
of their proper county, as part of their annual esti- 
mates for school purposes, and draw orders on their 
respective township Treasurers, for such sum as will be 
in proportion to the enumeration of scholars so trans- 
ferred, in favor of the Board of that township in "which 
such school is located, to be appropriated to the pay- 
ment of teachers, and for other purposes connected 
•with the establishment or maintenance of said school, 
as far as applicable. 

Sec. 17. The said Board shall have power to deter- 
mine the studies to be pursued, and the school-books to 
be used in the several schools under their control, and 
shall make and enforce such rules and regulations rela- 
tive to the use and preservation of the school libraries 
and apparatus as they may think advisable, and shall 
appoint, or authorize the local Directors to appoint a 
suitable person to act as Librarian, and to take charge 
of the school apparatus, resident at some convenient 
place in the neighborhood where the school is kept, 
and may require such Librarian to give bond for the 
faithful discharge of his duties, and allow him such 
compensation as they may think reasonable. 



Board to deter- 
mine studies, 
books. 



Librarian. 



To give bond. 



What report 
must show. 



REPORT REQUIRED OF TEACHERS. 

Sec. 18. It shall be the duty of the school-teacher 
to make out and file with the township Clerk, at the ex- 
piration of each term of the school, a full and complete 
report of the whole number of scholars admitted to the 
school during such term, distinguishing between male 
and female, the average attendance, the books used, the 
branches taught, the number of pupils engaged in the 
study of each of said branches, and such other statis- 
tics as he may be required to make by the township 
Board or local Directors, and until such report shall 
have been certified and filed by the said teacher as 



GENERAL SCHOOL ACT. 



>$ 



aforesaid, it shall not be lawful for said Board or local 
Directors to pay said teacher for his or her services. 

STATEMENT EEQUIRED OP DIRECTORS. 

Sec. 19. The Board of Education in each township Board of Educa- 
shall prepare, or cause to be prepared, and forwarded ^° d 1 i t t ° r report t0 
to the county Auditor, at the same time when the return 
of the enumeration of scholars is required to be made,* 
a statement exhibiting the number of children in the 
township between the ages of five and twenty-one years, 
distinguishing between male and female; the number of 
schools, specifying the different grades; the number of 
teachers, male and female; the number of children, male 
and female, who have attended school during the past 
year; the average attendance; the length of the terms 
of schools, compensation of teachers, male and female; 
the number and condition of the school-houses and 
furniture, and the estimated value thereof; the number 
and condition of the books in the school libraries; the 
number of libraries; the kind of school books used in 
the schools; the number and value of school apparatus, 
and a full account of the expenditures for school pur- 
poses, together with such other statistics and informa- 
tion in relation to schools, as the State Commissioner of 
Schools may require. 



dren in. 



CENTRAL OR HIGH SCHOOLS. 

Sec. 20. Each township Board of Education shall Establishment 
have power, as hereinafter provided, to establish in of < and ciassia- 

- . * . . - * cation of chil- 

their respective townships such number of graded 
schools, or such modifications of them, as the public 
may require; and, in case of the establishment of such 
graded schools, it shall be the duty of the Board so to 
classify the children of the township as to secure to all, 
as far as practicable, an equitable participation in the 
advantages thereof; and the Board shall designate the 
sub-districts by numbering them, and schools of a 
higher grade than primary, shall be known by the ap- 
pellation of central or high schools. 

Sec. 21. Whenever, in the opinion of the Board of 
Education, it shall become necessary or desirable to 
provide one or more such central or high schools in 
their respective townships, the said Board shall estimate 
the probable cost thereof, and call a special meeting of 



Vote to be taken 
in establishing 
such schools. 



* Modified: see post chapter XIII. This report must be trans- 
mitted "on or before the first day of October." 



Twenty days no- 
tice to be given. 



Officers of meet- 
ing. 



GENERAL SCHOOL ACT. 

the qualified voters of the township, and who are not 
residents of any of the territory or districts named in 
the first section of this act, over which the jurisdiction 
of the township and local Directors is excluded, at the 
usual place of holding elections, first giving twenty- 
days' notice of the time and object of holding such 
meeting, by posting the same in some public place in 
each of the several sub-districts of the township, in 
which notice the amount or rate of tax as estimated by 
the Board shall be stated, and the electors, when con- 
vened in pursuance of such notice, shall decide, by 
vote, any questions which may be deemed important 
in relation to the cost or location of the building or 
buildings, or other provisions necessary for the estab- 
lishment of any such school, and also the amount of 
township tax which may be levied for the purpose; and 
the Chairman and Clerk of the Board shall be the Chair- 
man and Clerk of the meeting; and the Clerk shall re- 
cord, in the records of the Board, the action of the 
meeting, and the Board shall be governed by the direc- 
tion and vote of said meeting in relation to the subjects 
or matters so submitted. 



Auilitor to as- 
sess the esti- 
mates on the 
taxable proper- 
ty of township. 



ANNUAL ESTIMATES TO BE CERTIFIED BY THE BOARD. 

Sec. 22. It shall be the duty of the Board of Educa- 
tion, in any organized township of the State, annually 
to determine by estimate, as nearly as practicable, the 
entire amount of money necessary to be expended in 
the township for school purposes other than for the 
payment of teachers, and also such additional amount 
as the Board may think necessary, not exceeding two 
mills on the dollar valuation of the taxable property of 
the township, for the exclusive purpose of sustaining 
teachers in the central or high schools, or for the pur- 
pose of prolonging, after the State funds have been 
exhausted, the terms of the several sub-district or pri- 
mary schools in the township, or for both purposes, as 
the Board may adjudge best, which several amounts of 
money so estimated, the Board shall make known by 
certificate in writing, on or before the first Monday in 
June in each year, including any tax which may have 
been voted by a special meeting of electors, as provided 
in the preceding section, to the Auditor of the proper 
county, who shall thereupon assess the entire amount 
of such estimates on all the taxable property of the 
township not included in any city, or incorporated vil- 
lage, or territory annexed thereto, forming any special 
district, to be entered by said Auditor on the tax dupli- 



GENERAL SCHOOL ACT. 



261 



cate of the county, and collected by the county Treasurer 
at the same time and in the same manner as State and 
county taxes are collected; and, when collected, shall 
be paid over to the Treasurer of the proper township, 
on the order of the county Auditor; and said county 
Treasurer shall be entitled to receive for collection, one 
per cent, on all the moneys by him collected for school 
purposes, and no more. 

Sec. 23. The township Board of Education shall have 
power, when in their opinion justice and equity require 
it, to estimate separately the cost of purchasing a school- 
house site, and erecting or repairing a school-house 
thereon, in any particular sub-district of the township 
wherein the inhabitants have not heretofore borne a 
reasonable share of the burden of taxation for such 
purpose in comparison with other sub-districts in the 
township, and certify such portion as they may deem 
just and equitable, of the amount of such estimate, to 
the county Auditor of the proper count)', together with 
a map of the lands and names of the tax-payers in any 
such sub-district, which amount, so certified, shall be 
assessed by the Auditor on the property therein subject 
to taxation, and placed on the county duplicate, specially, 
and be collected and paid over in the same manner as 
other school taxes, and be applied for the specific pur- 
pose of providing a school-house in such sub-district. 



Funds to be paid 
to township 
Treasurer. His 
per centage. 



When tax to be 
assessed on 
property in sub- 
district to pur- 
chase sites and 
school-houses. 



DISBURSEMENT OF SCHOOL FUNDS. 

Seo. 24. All school funds which may come into the 
hands of the township Treasurer, from whatever source, Funds to be paid 
shall be paid out only on the order of the Clerk of the c^erk^'except 
Board of Education, under the direction of the Board; teachers, 
except in paying teachers for their services, the said 
Clerk may, on such teachers presenting their certifi- How teachers 
cates of qualification, and depositing with the Clerk P aid - 
true copies thereof, draw the requisite orders on the 
Treasurer for such amount as may have been certified 
to be due by any two of the local Directors of the 
proper sub-district, in which the teacher was em- 
ployed; and so much of the school moneys coming 
into the hands of the Treasurer as may be derived from 
the State tax, or for any township tax levied for the funds, 
continuation of schools after the State fund has been 
exhausted, shall be applicable only to the payment of 
teachers in the proper township, and shall be drawn 
for no other purpose whatever; and all school funds 
made applicable to the payment of teachers only, 
shall be distributed to the several sub-districts, and 



262 



GENERAL SCHOOL ACT. 



fractional parts thereof, in the township, in proportion to 
the enumeration of scholars, with the exception of so 
much of the township tax as may have been levied and 
reserved by the Board for sustaining teachers in the 
central or high schools; and such school funds as arise 
from the sale or rents of section sixteen, or other lands 
in lieu thereof, shall be distributed to the localities to 
which such funds belong. All other school funds of 
the township, not raised for the central or high 
schools, nor made applicable to the payment of teach- 
ers, as aforesaid, shall be applied, under the direction 
of the Board, in repairing, building, or furnishing 
school-houses, in procuring school-house sites, and in 
making such other provisions for schools in the sub- 
districts of the proper township, as may, in the opinion 
of the Board, be necessary; and each township Board 
shall make the necessary provisions for continuing the 

To provide for schools in operation in their respective townships for 

school 11 in° each at ^ eas ^ seven months in each year. 

sub-Uistrict. 

DIVISION OP DUTIES, AND LIABILITY OF CLERK. 

Sec. 25. The Clerk of the Board of Education, or any 
Duties of Clerk, one or more of the Board designated for that purpose, or 
etc - the Acting Manager of Schools of the township, may do 

and perform all such duties and services connected 
with the interests of schools, as the Board may direct, 
and report the same to the Board for their action and 
approval; and it shall be the duty of the Clerk of the 
Board to keep a full record thereof, in connection with 
the records of the other official proceedings of the Board; 
and, in case of failure to keep such record, or other 
records required by this act, the Clerk of the Board 
shall be liable in a civil action for all loss or damages 
that may ensue to any person or persons, or to the 
school district, in the name of such person or persons, 
or Board of School Directors, as the case may be, and 
shall, moreover, be liable, on complaint filed in the 
name of the State of Ohio, before any Justice of the 
Peace, or other court having jurisdiction, to a fine, not 
exceeding one hundred dollars, which, when collected, 
shall be paid over to the Treasurer of the proper town- 
ship, for the benefit of schools. 

SETTLEMENT WITH TREASURER. 



Sec. 26. It shall be the duty of the Board of Educa- 
p.oard to settle tion to make settlement with the township Treasurer at 
TreasureT ship their regular session in April, annually; but if, for 



GENERAL SCHOOL ACT. 



263 



want of time, or other reason, a settlement can not be 
made at said session, then it shall be the duty of the 
Board to appoint a Committee composed of one or 
more of their own members, to make such settlement 
as soon as practicable, and report the result to the 
Clerk of the Board, who shall record an abstract thereof 
in the records of the Board. 



TREASURER, AND HIS DUTIES. 

Sec. 27. The township Treasurer, in each township, 
shall be the treasurer of all school funds for school 
purposes, belonging to the township, arising from 
whatever sources; and on his election, and before 
entering upon the duties of his office, he shall give 
bond, with sufficient security, in double the probable 
amount of money that shall come into his hands, pay- 
able to the State of Ohio, to be approved by the Trus- 
tees of the township, conditioned for the faithful dis- 
bursement, according to law, of all such funds as shall, 
from time to time, come into his hands, and, on the 
forfeiture of such bond, it shall be the duty of the 
township Clerk to prosecute and collect the same for 
the use of the schools in the township; if such town- 
ship Clerk shall neglect, or refuse to so prosecute, then 
any freeholder may cause such prosecution to be 
instituted. 

Sec. 28. Before the county Auditor shall issue to the 
township Treasurer any order on the county Treasurer 
for the payment of any school funds belonging to the 
township, such township Treasurer shall furnish the 
Auditor with a certificate from the township Clerk, that 
such Treasurer has executed and filed with him a bond, 
as provided for in the foregoing section, and also stat- 
ing the amount of said bond; and the Auditor shall in 
no case permit the township Treasurer to have in his 
hands, at any one time, an amount of school funds 
over one-half the amount of the penalty in such bond; 
and the township Trustees shall allow the township 
Treasurer a compensation equal to one per cent, on 
all school funds disbursed by him, to be paid on the 
order of the Trustees, out of the township treasury. 

Sec. 29. The township Treasurer shall, annually,, 
between the first and twentieth of February, settle 
with the county Auditor, and account to him for all 
moneys received, from whom and on what account, 
and the amount paid out for school purposes in his 
township; the Auditor shall examine the vouchers for 
6uch payments, and, if satisfied with the correctness 



Duties of town- 
ship Treasurer; 
to give bond; its 
condition, etc. 



When township 
Clerks to pros- 
ecute. 



Certificate to be 
furnished Au- 
ditor. 



Settlement o f 
Auditor and 
Treasurer. 



264 



GENEEAL SCHOOL ACT. 



Auditor's certif- 
icate. 



Treasurer to de- 
liver over 
books, papers, 
etc. 



Treasurer's 
ceipt, etc. 



Penalty against 
township Treas- 
urer. 



thereof, shall certify the same, which certificate shall 
be 'prima facie a discharge of such Treasurer; and at 
the expiration of his term of service, said Treasurer 
shall deliver over to his successor in office, all books 
and papers, with all moneys, or other property, in his 
hands, belonging to said township, or the schools 
therein, and also all orders he may have redeemed 
since his last annual settlement with the county 
Auditor, and take the receipt of his successor therefor, 
which he shall deposit with the township Clerk within 
ten days thereafter; and for making such annual settle- 
ment, he shall be entitled to receive the sum of one 
dollar, to be paid out of the county treasury, on the 
order of the county Auditor. 

Sec. 30. In case the township Treasurer shall fail to 
make such annual settlement within the time as pre- 
scribed in the preceding section, he shall be liable to 
pay a fine of fifty dollars, to be recovered in a civil 
action in the name of the State of Ohio, and when col- 
lected, to be applied to the use of common schools in 
the proper township; and it is hereby made the duty 
of the county Auditor to proceed forthwith, in case of 
such failure, by suit, against such Treasurer, before 
any Justice of the Peace of his county, to recover the 
penalty aforesaid; but when it shall appear, on trial, to 
the satisfaction of said Justice, that said Treasurer was 
prevented from making such settlement within the 
time prescribed, by sickness, or unavoidable absence 
from home, and that such settlement has since been 
actually made, it shall be lawful for the Justice to dis- 
charge such Treasurer on the payment of costs. 



SCHOOLS FOB COLORED CHILDREN. 



Schools for col- 
ored children. 



Sec 31. The township Boards of Education in this 
State, in their respective townships, and the several 
other Boards of Education, and the Trustees, Visitors, 
and Directors of Schools, or other officers having author- 
ity in the premises, of each city or incorporated vil- 
lage, shall be, and they are hereby authorized and 
required to establish within their respective jurisdic- 
tions, one or more separate schools for colored children, 
when the whole number, by enumeration, exceeds 
thirty, so as to afford them, as far as practicable under 
all the circumstances, the advantages and privileges of 
a common school education; and all such schools, so 
established for colored children, shall be under the 
control and management of the Board of Education, 
or other school officers who have in charge the educa- 



GENERAL SCHOOL ACT. 

tional interests of the other schools; but in case the 
average number of colored children in attendance shall 
be less than fifteen for any one month, it shall be the 
duty of said Board of Education, or other school offi- 
cers, to discontinue said school or schools, for any 
period not exceeding six months at any one time; and 
if the number of colored children shall be less than 
fifteen, the Directors shall reserve the money raised on 
the number of said colored children, and the money so 
reserved shall be appropriated for the education of 
such colored children, under the direction of the town- 
ship Board. 

CITIES AND VILLAGES. 

Sec. 32. Each city or incorporated village, including 
the territory annexed to the same for school purposes, what cities and 
not otherwise specially regulated by charter, or gov- Ichooufstricts! 
erned as to schools by laws as specified in the sixty- 
seventh section of this act, and which, with the terri- 
tory annexed, contains not less than three hundred 
inhabitants, shall be, and hereby is created a separate 
school district; and the qualified voters of such city or 
village, with the territory annexed, shall, at the same 
time, and in the same manner, that local Directors of the 
sub-districts of the township are elected by the provis- 
ions of this act, proceed to elect three persons who 
shall constitute a Board of Education for such city or 
village, with the territory so annexed, and such Board 
shall have the same powers, perform the same duties, 
and be subject to the same penalties as township Boards 
of Education: provided, that by agreement between the 
Board of Education of the township in which such city 
or village, with the territory annexed, may be situated, 
and the Board of Education of such city or village, 
transfers of territory not within the limits of such cor- 
poration, may be made to or from the districts provided 
for in this section. 

Sec. 33. That said Board of Education, in any city p wer of Board 
or incorporated village, shall be authorized, when they in cities and 
think it advisable, to divide such city or village into 
sub-districts; and they may establish schools of differ- 
ent grades, and ordain such rules and regulations for 
the government and discipline of such schools as they 
may think conducive to the public good; and it shall 
be lawful for the township Board of Education, in any 
township in which such city or incorporated village is 
situate, by and with the consent of the Board of Edu- 
cation of any such city or incorporated village, to transfer 



266 



GENERAL SCHOOL ACT. 



Clerk of the 
Board — his du- 
ties. 



Duty of Treasur- 
er of city or 
town. 



To give bond. 



Clerk or Record- 
er's receipt. 



Further powers 
of the Board. 



Ev'ing schools. 



thereto for educational purposes the scholars of such 
parts of their respective townships as lie adjacent thereto, 
and all such transfers shall be controlled, and such 
schools supported in the same manner, and on the same 
principles, as in case of like transfers for the conve- 
nience of schools where two or more townships adjoin, 
as provided in this act. 

Sec. 34. In all such cities or incorporated villages, 
the Clerk or Recorder of such incorporated body shall 
be the Clerk of the Board of Education, and he shall 
do and perform all the duties required of the Clerk of a 
township Board of Education, and such other duties as 
the Board of Education may, from time to time, pre- 
scribe; and all orders of the Board of Education for the 
payment of money shall be countersigned by the Clerk 
or Recorder of said corporation, and it shall be the duty 
of the Treasurer of any such city or incorporated vil- 
lage, to receive and disburse the school funds of any 
such city or village, in the same manner as is required 
of the township Treasurers in their respective townships, 
and for his services shall be entitled to the same com- 
pensation: Provided, that the Board of Education shall 
require the Treasurer to enter into a bond, as required 
of township Treasurers, and that the said Treasurer shall 
furnish the Auditor a certificate from the Clerk or Re- 
corder of such city or incorporated village, that such 
Treasurer has executed and deposited such bond, stating 
also the amount, as is required of township Treasurers 
in similar cases. 

Sec. 35. The Board of Education of any city or in- 
corporated village, shall have, and may exercise all the 
powers which are by this act conferred upon the town- 
ship Boards of Education, and shall do and perform the 
like duties, in all respects, so far as applicable, and the 
school funds shall be divided among the sub-districts, 
so as to make the distribution as nearly equitable as 
possible. All taxes for building, purchasing, repairing, 
or furnishing school-houses and lots, shall be equally 
assessed on all the property subject to taxation in such 
city or incorporated village, and the Board of Education, 
in expending the same, shall make the necessary pro- 
visions for the sub-districts. 

Sec. 36. In any district or sub-district, composed, in 
whole or in part, of any city or incorporated village, 
the Board of Education may, at their discretion, provide 
a suitable number of evening schools, for the instruc- 
tion of such youth over twelve years of age as are 
prevented, by their daily avocation, from attending 
day schools, subject to such regulations as said Board, 



GENERAL SCHOOL ACT. 267 

from time to time, may adopt for the government 
thereof. 



APPORTIONMENT OF SCHOOL FUNDS. 

Sec. 37. The Auditor of State shall, annually, appor- state Auditor to 
tion the common school funds among the different apportion funds 
counties, upon the enumeration and returns made to portioument. ap 
him by the State Commissioner of Common Schools, and 
certify the amount so apportioned to the county Auditor 
of each county, stating from what sources the same is 
derived, which said sum the several county Treasurers 
shall retain in their respective treasuries from the State 
funds; and the county Auditors shall, annually, and im- 
mediately after their annual settlement with the county 
Treasurer, apportion the school funds for their respective 
counties, according to the enumeration and returns in 
their respective offices; and no township, or other dis- 
trict, city, or village, which shall have failed to make 
and return such enumeration, shall be entitled to receive 
any portion of the common school funds. And, in county Auditor 
makinor such distribution, each county Auditor shall J° make appor- 

y ,, 11 i ill- e tionruent in 

apportion all moneys collected on the tax duplicate ot county and how. 
any township, for the use of schools, to such township; 
all moneys received from the State treasury, on account 
of interest on the money accruing from the sale of sec- 
tion sixteen, or other lands in lieu thereof, to the civil 
townships and parts of civil townships in the original 
surveyed township, or fractional township, to which 
such land belongs; all moneys received by the county 
Treasurer on account of the Virginia Military school 
fund, United States Military District, and Connecticut 
Western Reserve, according to laws regulating the 
same; and all other moneys for the use of schools in 
the county, and not otherwise appropriated by law, to 
the proper township; and he shall, immediately after 
making said apportionment, enter the same into a book, 
to be kept for that purpose, and shall furnish the town- 
ship Treasurers and township Clerks, Treasurers, and 
Recorders of incorporated cities or villages, as the case 
may be, each with a copy of said apportionment, and 
give an order on the county Treasurer to each township 
Treasurer, or to such Treasurer as may be entitled to 
receive the same, for the amount of money belonging 
to his respective township, city, or village, and take a 
receipt from such Treasurer for the amount thus re- 
ceived; and the said county Auditor shall collect, or 
cause to be collected, the fines, and all other moneys 
for school purposes, in his county, and pay the same 



268 



GENERAL SCIIOOL ACT. 



Where part of 
section 16 lies in 
two counties. 



Interest on sec- 
tion. 



over to the county Treasurer; and he shall inspect all 
accounts of interest for section sixteen, or other 
school lands, whether the interest is paid by the State 
or by the debtors, and take all the proper measures to 
secure to each township its full amount of school 
funds. 

Sec. 38. When any original surveyed township in 
which section sixteen has been sold, shall lie in two or 
more counties, the Auditors of the respective counties 
shall certify to the Auditor of the county in which that 
portion of said township lies containing said section 
sixteen, the enumeration of the scholars in that part of 
6aid township embraced within their respective coun- 
ties; and the Auditor of said county in which said sec- 
tion sixteen is situate shall apportion the fund derived 
from said section sixteen, to the different portions of 
said township according to said enumeration, and shall 
certify to the Auditors of the other counties the amount 
belonging to the parts of said township situate in their 
respective counties, and draw an order in favor of the 
Treasurers of the other counties on the Treasurer of his 
own county for the amount going to each; and the Au- 
ditors of the respective counties shall apportion the 
same, in their respective counties, to such portions or 
parts thereof as may be entitled thereto. 

Sec. 39. The interest on the purchase of any such 
section sixteen belonging to any such original surveyed 
township, so as aforesaid lying in two or more coun- 
ties, shall be paid over on the order of the Auditor of 
that county in which such section sixteen is embraced, 
to the Treasurer of the same county, to be apportioned 
as is pointed out in the preceding section. 



BETUEN OF ABSTRACT TO STATE COMMISSIONER. 

Duty of county Sec. 40 - The Auditor °f eacn an( l every county shall, 
Auditor as to on or before the twentieth day of December * annually, 
'conmu^ioner, 6 make out and transmit to the Commissioner of Common 
etc. Schools, at Columbus, an abstract of all the returns of 

school statistics made to him from the several townships 
in his county, according to the form that may be pre- 
scribed by the State Commissioner; and he shall cause 
to be distributed all such circulars, blanks, and other 
papers, including school laws and documents, in the 
several townships in the county, as said Commissioner 
shall lawfully require. In case the county Auditor 



* Modified: See chapter xm. This report must be transmitted on or 
before the fifth day of November. 



GENERAL SCHOOL ACT. 



269 



shall fail, from any cause, to make return of the ab- p * l nalty ag f'^' 
stract as aforesaid, it shall be the duty of the county tor. 
Commissioners to deduct for every such failure, from 
the annual salary or allowance made to the Auditor 
for his services, the sum of fifty dollars. 

Sec. 41. The county Commissioners of each county compensation to 
in this State shall make the same allowance to the county Auditor, 
county Auditors, out of their respective county treas- 
uries, for services performed and expenses incurred 
under this act, as is allowed for other services of like 
nature. 

Sec. 42. The township Clerks and county Auditors Liability of the 
shall be responsible for all losses sustained by any ^ "Indoor " or 
township or county, by reason of any failure on their losa. 
respective parts to make and return the enumerations 
and abstracts thereof as herein provided, and shall 
each be liable for the same, in a civil action, at the suit 
of the State of Ohio; and the amounts so recovered 
shall be apportioned, in the same manner as the school 
funds would have been, to the respective counties or 
townships, as the case may be. 

SCHOOL-HOUSES EXEMPT FROM SALE ON EXECUTION. 

Sec 43. Each and every lot or parcel of land which what school 
heretofore has been, or hereafter shall be appropriated property exempt 

from execution* 

for the use of common schools in this State, on which 
there has been or shall be a school-house erected, and 
which has been or shall be occupied for the purpose of 
accommodating a common school of whatever grade, 
in the usual manner, from time to time, howsoever or 
by whomsoever the legal title to the same may be held 
and vested, shall be and the same is hereby exempted 
from sale, on any execution, or other writ, or order in 
the nature of an execution: Provided, that the lot of 
land so exempted, shall not exceed four acres, and if 
there be any excess, that portion most convenient for 
school purposes shall remain exempt as aforesaid, to be 
determined by the proper School Directors, or other 
officers havincr charge of schools. 



APPOINTMENT OF SCHOOL EXAMINEES, AND THEIR DUTIES. 

Sec 44. It shall be the duty of the Probate Judge, Probate Judge 
in the several counties of this State, as soon after the ^K^rT 4 
election of school officers under the provisions of this 
act as practicable, to appoint a county Board of School 
Examiners, to consist of three competent persons, resi- 
dent in the county, who shall hold their office for the 



270 



GENERAL SCHOOL ACT. 



Powers and du- 
ties of Board. 



Notice of meet- 
ings. 



To grant certifi- 
cates to teachers. 



May revoke the 
same. 



Clerk of Board. 



Rules of Board; 
their fees. 



Stationery. 



term of two years, and until their successors are ap- 
pointed; and all vacancies in said Board which may 
thereafter occur, whether from expiration of the term 
of office, refusal to serve, or otherwise, shall be filled 
by like appointment by said Judge. 

Sec. 45. It shall be the duty of the Examiners to fix 
upon the time of holding meetings for the examination 
of teachers, in such places in their respective counties 
as will, in their opinion, best accommodate the greatest 
number of candidates for examination; notice of all 
such meetings having been published in some newspaper 
of general circulation in their respective counties; and 
at such meetings, any two of said Board shall be com- 
petent to examine applicants and grant certificates; but 
no fee or charge shall be made for a certificate. No 
certificate of qualification shall be valid in any county 
except that in which the examination took place, nor 
for a longer period than two years, and if at any time 
the recipient of the certificate shall be found incompe- 
tent or negligent, the Examiners, or any two of them, 
may revoke the same, and require such teachers to be 
dismissed; but such teachers shall be entitled to receive 
payment for services only up to the time of such dis- 
missal; and no person shall be employed as a teacher 
in any primary common school, unless such person 
shall have first obtained from said Examiners, or any 
two of them, a certificate of good moral character, and 
that he or she is qualified to teach Orthography, Read- 
ing, Writing, Arithmetic, Geography, and English 
Grammar; and, in case such person intends to teach in 
any common school of higher grade, he or she shall 
first obtain a certificate of the requisite qualifications 
in addition to the branches aforesaid. 

Sec. 46. The said Board of Examiners shall appoint 
. one of their number to serve as Clerk, who shall keep 
a record of their proceedings, noting the number and 
date of each certificate given, to whom, for what term 
of time, and for what branches of studies; and the said 
Board may make all needful rules and regulations for 
the proper discharge of their duties. The members of 
the Board shall be entitled to receive each one dollar 
and fifty cents for every day necessarily engaged in 
official service, to be paid out of the county treasury, 
on the order of the county Auditor, exclusive of blank 
books and stationery, which the county Auditor shall 
furnish; and the county Auditor may require the ac- 
counts, when presented, to be substantiated on oath, 
which said officer may administer and file in his office. 



GENERAL SCHOOL ACT. 



271 



STATE COMMISSIONER. 



Sec. 47. There shall be elected by the qualified elect- 
ors of this State, at the next annual election for State 
and count)' officers, and every three years thereafter, a 
State Commissioner of Common Schools, who shall hold 
his office for the term of three years, and until his suc- 
cessor is elected and qualified. The election of said 
Commissioner, and the returns thereof, shall be the 
same, in all respects, as is provided for the election of 
Judges of the Supreme Court; and in case a vacancy 
shall happen in said office by death, resignation, or 
otherwise, the Governor shall fill the same by appoint- 
ment, for the unexpired term. 

Sec. 48. Before entering upon the discharge of his 
official duties, the said Commissioner shall give bond, 
in the penal sum of ten thousand dollars, to the State 
of Ohio, with two or more sureties, to the acceptance 
of the Secretary of State, conditioned that he will truly 
account for and apply all moneys, or other property, 
which may come into his hands in his official capacity, 
for the use and benefit of common schools, and that he 
will faithfully perform the duties enjoined upon him 
according to law; and he shall also take and subscribe 
an oath or affirmation to support the Constitution of 
the United States and of the State of Ohio, and dili- 
gently and faithfully to discharge the duties of his 
office, as prescribed by law, which bond, with the cer- 
tificate of his oath indorsed thereon, shall be filed with 
the Treasurer of State. 

Sec. 49. The books and papers of his department 
shall be kept at the seat of Government, where a suita- 
ble office shall be furnished by the State, at which he 
shall give attendance when not absent on public busi- 
ness; and the State Librarian shall, in addition to the 
duties of his office, discharge the duties of Secretary to 
the Commissioner of Common Schools, under his 
direction. 

Sec. 50. It shall be the duty of the Commissioner to 
spend, annually, on an average, at least ten days in 
each judicial district of the State, superintending and 
encouraging Teachers' Institutes, conferring with town- 
ship Boards of Education, or other school officers, coun- 
seling teachers, visiting schools, and delivering- lectures 
on topics calculated to subserve the interests of popu- 
lar education. 

Sec. 51. As soon as the revemies, to be raised as 
hereinafter provided, for the purpose of furnishing the 



When Commis- 
sioner elected. 



Term of office. 



Vacancy, how 
filled. 



His officii bond 



and oath. 



Office, etc., at 
seat of Govern- 
ment. 



His Secretary. 



His duties in vis- 
iting the several 
judicial dis- 
tricts, 



and in pur- 
chasing books 
and apparatus. 



272 



GENERAL SCHOOL ACT. 



His supervision 
over sclrool 

funds. 

May require re- 
ports from cer- 
tain officers. 



To prepare 
forms, etc. 



Duties as to dis- 
tribution of 
school laws, etc. 



His annual re- 
port. 



schools with libraries and apparatus, will admit, it shall 
be the duty of the said Commissioner, to purchase the 
same, and the books and apparatus so purchased shall 
be distributed through the Auditor's office of each 
county to the Board of Education in each township, 
city or incorporated village, according to the enumera- 
tion of scholars. 

Sec. 52. He shall also exercise such supervision over 
the educational funds of the State as may be necessary 
to secure their safety, and right application, and dis- 
tribution according to law. He shall have power to 
require of county Auditors, township Boards of Educa- 
tion, or other local school officers, Clerks and Treasurers 
of townships, county Treasurers and Clerks, Recorders 
and Treasurers of cities and villages, copies of all 
reports by them required to be made, and all such 
other information in relation to the funds and condition 
of schools, and the management thereof, as he may 
deem important. 

Sec. 53. He shall prescribe suitable forms and regu- 
lations for making all reports and conducting all neces- 
sary proceedings under this act, and shall cause the 
same, with such instructions as he shall deem necessary 
and proper for the organization and government of 
schools, to be transmitted to the local school officers, 
who shall be governed in accordance therewith. 

Sec. 54. He shall cause as many copies of the laws 
relating to schools and Teachers' Institutes, with an 
appendix of appropriate forms and instructions for car- 
rying into execution all such laws, to be printed in a 
separate volume, and distributed to each county with 
the laws, journals, and other documents for the use of 
the school officers therein, as often after the first dis- 
tribution as any change in said laws may be made, of 
sufficient importance, in the opinion of the Commis- 
sioner, to require a republication and distribution 
thereof. 

Sec. 55. It shall be the duty of said Commissioner 
of Common Schools to make an annual report, on or 
before the twentieth day of January, in each and every 
year* to the General Assembly, when the body shall be 
in session any such year; and when not in session in 
any one year, then the report shall be made to the Gov- 
ernor, who shall cause the same to be published, and 
shall also communicate a copy thereof to the next 
General Assembly. 



* Modified: see chapter sm. This report must be made " on or before 
the twentieth day of November." 



GENERAL SCHOOL ACT. 



273 



Sec. 56. The State Commissioner, in the annual 
report of his labors and observations, shall present a 
statement of the condition and amount of all funds and 
property appropriated to purposes of education; a state- 
ment of the number of common schools in the State, 
the number of scholars attending such schools, their 
sex, and the branches taught; a statement of the num- 
ber of private or select schools in the State, so far as 
the same can be ascertained, and the number of 
scholars attending such schools, their sex, and the 
branches taught; a statement of the number of Teach- 
ers' Institutes, and the number of teachers attending 
them; a statement of the estimates and accounts of the 
expenditures of the public school funds of every 
description; a statement of plans for the management 
and improvement of common schools, and such other 
information relative to the educational interests of the 
State as he may think of importance. 

Sec. 57. The said Commissioner shall be entitled to 
receive for his services the sum of fifteen hundred dol- 
lars annually, payable quarterly, out of the State treas- 
ury, on the warrant of the Auditor of State. 



What it 
present. 



shall 



Salary of Com- 
missioner. 



One-tenth of a 
mill to be as- 
sessed for libra- 
ries; 



SCHOOL LIBRARIES.* 

Sec. 58. For the purpose of furnishing school libra- 
ries and apparatus, to all the common schools in the 
State, and for the further purpose of sustaining and 
increasing such libraries, and keeping up a supply of 
school apparatus in the schools, as aforesaid, from time 
to time, as may be considered necessary, in order to 
afford equal facilities to the said schools in this respect, 
as nearly as practicable, there shall hereafter be as- 
sessed, collected, and paid annually, in the same man- 
ner as the State and county revenues are assessed, 
collected and paid on the grand list of property taxable 
for State purposes, a State tax of one-tenth of one mill 
on the dollar valuation, to be applied exclusively for 
the purposes aforesaid, and the attendant expenses, 
under the direction of the Commissioner of Common 
Schools. In purchasing the libraries for the common 
schools, no books of sectarian or denominational char- 
acter shall be purchased for said libraries. 

Sec. 59. The amount of said tax, when collected, 
shall be paid over by the county Treasurers to the Treasurer 



which is to be 
paid to State 



*The General Assembly, having omitted at the session of 1856, to 
appropriate for this purpose, the operation of sections 58-62 is sus- 
pended. 

18 



274 



GENERAL SCHOOL ACT. 



Distribution of 
books and ap- 
paratus. 



Who account- 
able for same 



Who to appoint 
Librarian, etc. 



Families enti- 
tled to books. 



State Treasurer, at the time of making their annual 
settlement, and shall be paid out by that officer for the 
purposes aforesaid, upon the warrant of the State 
Auditor. 

Sec. 60. It shall be the duty of the county Auditor, 
when the said libraries or apparatus shall be received, 
to distribute the same to the Clerks of the township 
Boards of Education, or other local school officers, iu 
their respective counties, having in charge the interests 
of common schools; and the books and apparatus so 
furnished, shall be deemed the property of said several 
Boards, or local school officers, to Avhom the same may 
have been delivered, and shall not be subject to execu- 
tion, sale or alienation, for any cause whatever. 

Sec. 61. The local Boards of Education, or other 
school officers having charge of common schools shall 
be held accountable for the preservation of said li- 
braries and apparatus; and they shall have power to 
prescribe the time of taking and the periods of return- 
ing the books belonging to the libraries, and also to 
assess and collect the damages which may be done to 
the books by persons entitled to their use; and also to 
provide for the safe keeping of the school apparatus. 

Sec. 62. It shall be the duty of the local School 
Boards, or other school officers having charge of 
schools, to appoint the Librarians and determine the 
places where the libraries shall be deposited, selecting 
such central points as will best accommodate the 
schools and families of the districts or sub-districts, as 
hereinafter provided; and every family in each district 
or sub-district shall be entitled to the use of one vol- 
ume at a time from the school library, although no 
member of such family attends any of the schools of 
the township; and the library shall be open, under the 
inspection of the Librarian, at stated periods through- 
out the year, to be prescribed by the Board of Educa- 
tion, or other proper school officers, without regard to 
the sessions of the schools. 



STATE SCHOOL FUNDS. 

Two mills on ^ec. 63. For the purpose of affording the advan- 

the dollar to be tages of a free education to all the youth of this State, 

Bchloi purp° r the State common school fund shall hereafter consist 

ses.an.i collect- f such sum as will be produced by the annual levy 

uted. ' and assessment of two mills* upon the dollar valuation, 



* By act of May 1, 1854, a tax of " one and one-half mill" was sub- 
stituted for the above rates: and this section, with that chaDge, re- 
enacted. 



GENERAL SCHOOL ACT. 



27; 



on the grand list of the taxable property of the State; 
and there is hereby levied and assessed annually, in 
addition to the revenues required for general purposes, 
the said two mills* upon the dollar valuation, as afore- 
said; and the amount so levied and assessed, shall be 
collected in the same manner as other State taxes, and 
when collected, shall be annually distributed to the 
several counties of the State, in proportion to the 
enumeration of scholars, and be applied exclusively to 
the support of common schools. 

Sec. 64. The debts which have heretofore been con- 
tracted by any school district for school purposes, shall 
be provided for by the estimates of the proper School 
Boards created under the provisions of this act. 

Sec. 65. The process, in all suits against any town- 
ship Board of Education, or other local officers having 
charge of any of the public schools under the provis- 
ions of this act, shall be by summons, and shall be 
executed by leaving a copy thereof with the Clerk or 
Secretary of such Board, or other school officers, at 
least ten days before the return day thereof. And any 
suit either in favor of or against any such Board, or 
other school officers, shall be prosecuted or defended, 
as the case may be, by the Prosecuting Attorney of the 
proper county, as a part of his official duties. 

Sec. 66. The local Board of Education, or other 
local officers having charge of schools in any city, 
township, or village, in which common schools have 
been organized under the act for the better regulation 
of public schools in cities, towns, etc., or under any 
special act, shall be, and are hereby authorized, when- 
ever they may deem it expedient, to call a meeting of 
the qualified voters of any such city, township or vil- 
lage, on giving thirty days public notice thereof, to 
determine by vote whether the common schools of such 
city, township or village, shall be conducted and 
managed in accordance with the provisions of this act; 
and if a majority of the voters are found to be in favor 
of the change, then said local Board, or other local 
school officers, shall thereafter proceed, in accordance 
with the provisions of this act, until their successors 
shall be elected and qualified; and such city or village 
may provide by ordinance for the election or appoint- 
ment of a Board of Education, prescribing their num- 
ber and terms of office; and such Board, when so 
elected or appointed and qualified, shall, together with 



Debts of dis- 
tricts to be pro- 
vided for. 



Process against 
school officers. 



Duty of Prose- 
cuting Attorney. 



How schools 
governed under 
other laws may 
accept this act 



* By act of May 1, 1854, a tax of "one and one-half mill" was sub- 
stituted for the above rate: and this section, with that change, re- 
enacted. 



276 



GENERAL SCHOOL ACT. 



Certain acts not 
repealed by this 
act. 



But such acts af- 
fected, and how. 



Power of Board 
to hold real es- 
tate. 



the Clerk or Recorder of such city or village, possess 
the same powers and discharge the same duties, within 
the limits of their jurisdiction, as local Directors and 
Boards of Education in townships. 

Sec. 67. This act shall not be so construed as to 
repeal, change, or modify in any respect, the several 
provisions of the " act for the support and better reg- 
ulation of common schools in the town of Akron," 
passed February 8, 1847, and the acts amendatory 
thereto; or the " act for the better regulation of schools 
in cities, towns, etc.," passed February 21, 1849, and 
the acts amendatory thereto, nor the several acts cre- 
ating special school districts, or any other special acts 
in relation to schools, except that it is hereby made the 
duty of the several Boards of Education, or other 
school officers acting under the provisions of any of 
the acts to which reference has been made in this sec- 
tion, to make similar reports of school statistics annu- 
ally, as required of school officers by this act; nor 
shall it be lawful for any county Treasurer to pay over 
any portion of the school fund to any local Treasurer, 
Board of Education, or other school officers of any 
city, township, or village, organized as to schools 
either under a general or a special law, except on the 
order of the Auditor of the proper county; and no 
such order shall be drawn by the county Auditor, 
unless the local Treasurer, Clerk, Recorder, or Secre- 
tary of such Board, or other school officer, shall first 
deposit with said Auditor annually, an abstract of the 
enumeration of scholars and other statistics relative to 
the schools under their charge, as required by this act, 
of teachers, local Directors, and Boards of Education iu 
townships. 

Sec. 68. The respective township Boards of Educa- 
tion, and their successors in office, shall have power to 
take and hold in trust, for the use and benefit of any cen- 
tral or high school, or sub-district school in the town- 
ship, any grant or devise of land, and any donation or 
bequest of money or other personal property, to be ap- 
plied by the Board to the maintenance and support of 
any such school or schools, according to the intention 
of the grant or donation. 



ACTS REPEALED. 



Repealing 
tion. 



Swan, 824. 



Sec. 69. That " an act for the support and better 
regulation of common schools, and to create perma- 
nently the office of Superintendent," passed March 
seventh, one thousand eight hundred and thirty-eight; 



GENERAL SCHOOL ACT. 



277 



an act to amend an act entitled "an act for the support 
and better regulation of common schools, and to create 
permanently the office of Superintendent," passed March 
sixteenth, one thousand eight hundred and thirty-nine; 
an "act to abolish the office of Superintendent of Com- 
mon Schools," passed March twenty-third, one thou- 
and eight hundred and forty; an act to amend the act 
entitled "an act for the support and better regulation 
of common schools, and to create permanently the office 
of Superintendent," of March seventh, one thousand 
eight hundred and thirty-eight, and the act amendatory 
thereto, passed March twenty-ninth, one thousand eight 
hundred and forty-one; an act to amend the act enti- 
tled "an act for the support and better regulation of 
common schools, and to create permanently the office 
of Superintendent," passed March seventh, one thou- 
sand eight hundred and forty-two; an act further to 
amend the act entitled "an act for the support and bet- 
ter regulation of common schools, and to create per- 
manently the office of Superintendent," passed March 
eleventh, one thousand eight hundred and forty -three; 
an act to amend the act entitled "an act for the sup- 
port and better regulation of common schools, and to 
create permanently the office of Superintendent," 
passed March twelfth, one thousand eight hundred 
and forty-four; an "act to amend the sixth section of 
an act for the support and better regulation of common 
schools, and to create permanently the office of Super- 
intendent," passed March twelfth, one thousand eight 
hundred and forty-five; an act to amend the act enti- 
tled "an act to amend an act for the support and bet- 
ter regulation of common schools, and to create perma- 
nently the office of Superintendent," passed March 
twelfth, one thousand eight hundred and forty-five; 
"an act authorizing School Directors to establish libra- 
ries for the use of common schools," passed February 
twenty-eighth, one thousand eight hundred and forty- 
six; an act to amend an act, passed March eleventh, 
one thousand eight hundred and forty-three, entitled 
an act further to amend the act entitled "an act for 
the support and better regulation of common schools, 
and to create permanently the office of Superintend- 
ent," passed March second, one thousand eight hun- 
dred and forty-six; "an act to provide for the appoint- 
ment of county Superintendents of Common Schools, 
and defining their duties in certain counties therein 
named," passed February eighth, one thousand eight 
hundred and forty-seven; an act further to amend the 
act entitled "an act to amend an act entitled an act 



Swan, 840. 



Swan, 844. 



Swan, 844. 



40 R. Stat. 49. 



4] R. Stat. 59. 



42 R. Stat. 48, 



43 R. Stat. 98 



43 R. Stat. 132. 



44 R. Stat. 81. 



44 R. Stat. 114. 



45 R. Stat. 33. 



278 GENKBAL SCHOOL ACT. 

for tho support and better regulation of common 
schools, and to create permanently the office of Super- 
intendent," passed February eighth, one thousand eight 
hundred and forty -seven; an act to amend an act enti- 

4. r > r. stat. 28. tied "an act for the support and better regulation of 
common schools, and to create permanently the office 
of Superintendent," passed March seventh, one thou- 
sand eight hundred and thirty-eight, and the acts 
amendatory thereto, passed February twenty-fourth, 

46 r. stat.83. OI1< ' thousand eight hundred and forty-eight; "an act 
to secure the returns of the statistics of common 
schools," passed January twenty-first, one thousand 

46 r. stat. 28. eight hundred and forty-eight; an act to provide for 
the establishment of common schools, for the educa- 
tion of the children of black and mulatto persons, and 
to amend the act entitled "an act for the support and 
better regulation of common schools, and to create per- 
manently the office of Superintendent," passed March 
seventh, one thousand eight hundred and thirty-eight, 
and the acts amendatory thereto, passed February 
twenty-fourth, one thousand eight hundred and forty - 

46 r. Stat. 81. eight; an act to amend the act entitled "an act for the 
support and better regulation of common schools, and 
to create permanently the office of Superintendent," 
passed March seventh, one thousand eight hundred and 
thirty-eight, and the acts amendatory thereto, passed 
February twenty-fourth, one thousand eight hundred 

46 r. stat. 83. anc l forty-eight; an act to amend the eighteenth section 

of the school law of March seventh, one thousand eight 
hundred and thirty-eight, passed February fourteenth, 
4t; r. stat. 51. one thousand eight hundred and forty-eight; "an act 
to authorize the establishment of separate schools for 
the education of colored children, and for other pur- 
poses," passed February tenth, one thousand eight 

47 R. stat. l". hundred and forty-nine; an act to amend an act, passed 

February twenty-fourth, one thousand eight hundred 
and forty-eight, entitled "an act to amend the act enti- 
tled an act for tho support and better regulation of com- 
mon schools, and to create permanently tho office of 
Superintendent," passed March seventh, one thousand 
eight hundred and thirty-eight; and the acts amenda- 
tory thereto, passed March sixth, one thousand eight 
hundred and forty-nine; an act to amend an act enti- 

47 r. stat. 30. tied "an act for the support and better regulation of 
common schools, and to create permanently the office 
of Superintendent," passed March twelfth, one thou- 
sand eight hundred and forty-nine; an act to amend an 

47 r. stat. 43. act entitled "an act for the support and better regula- 
tion of common schools, and to create permanently the 



OENEKAL SCHOOL ACT. 279 

office of .Superintendent," passed March seventh, one 
thousand eight hundred and thirty-eight, and the acts 
amendatory thereto, passed March twenty-fourth, one 
thousand eight hundred and forty-nine; an act in rela- 4711. stat. 52. 
tion to school district tax, providing for the annual 
school district meetings, and requiring maps of school 
districts, passed March seventh, one thousand eight 
hundred and fifty; an act for the appointment of a State 48 r. stat. 41. 
Board of Public Instruction, passed March twenty-sec- 
ond, one thousand eight hundred and fifty; an act sup- 4sK.8tst.44. 
plementary to the act for the appointment of a State 
Board of Public Instruction, passed March twenty- 
third, one thousand eight hundred and fifty; an "act 48 r. stat. 47. 
providing for school districts, and school district meet- 
ings, prescribing the duties of district officers and 
Clerks and Treasurers of townships, and increasing the 
State and county common school funds," passed March 490 R. stat. 27 
twenty-fourth, one thousand eight hundred and fifty- 
one — be, and the same are hereby repealed: Provided, 
that the obligations or liabilities incurred, and the rights Uabilitlei in- 
acquired under the provisions of uny of the acts here- righti aeqnlred, 
by repealed, shall remain, and be in no wise altered or uot affected - 
affected, but may be enforced, as if this act had not 
been passed; and the school officers in the several 
school districts of the State, as now organized, shall 
hold their respective offices, and perform their respect- 
ive duties, until the local Directors herein provided for, 
shall have been elected and qualified. 

James C. Johnson, 
Speaker of the House of Representatives. 

George Rex, 
President of the Senate, pro tempjore. 



280 THE AKRON SCHOOL LAWS. 



CHAPTER II. 

THE AKRON SCHOOL LAWS. 



An Act for the support and better regulation of Common 
Schools in the town of Akron. 

[Passed February 8, 1847, XLVI vol. Stat. 105.] 

Six Directors Sec 1. Be it enacted hy the General xissembly of the 
shall be elected. g tate f Q hi0) That the e l ectors fa t h e town f Akron, 

in the county of Summit, qualified to vote for members 
of the town Council, shall, at the time and place of 
holding the annual election for said members of the 
town Council, in the year one thousand eight hundred 
and forty-seven, meet and elect six Directors of the 
Common School for said town of Akron; two of whom 
shall serve for one year, two for two years, and two for 
three years; the order of seniority to be determined by 
lot, by such Directors, after the election, and annually 
thereafter, at the time and place above specified; there 
shall, in like manuer, be two Directors elected, who 
shall serve for three years, and until their successors 
are elected and qualified. All vacancies which may 
occur, shall be filled by the town Council. 
, ,„, Sec. 2. The said Directors, within ten days after their 

Board of Educa- . , . \ , .. J . 

tion, officers, first appointment as aforesaid, snail meet and organize, 
powers, etc. by choosing from their number a President, Secretary, 
and Treasurer; and such Treasurer, before he enters on 
the duties of his said office, shall give bond and secu- 
rity, to be approved by the town Council, and filed in 
the office of the Mayor of said town, conditioned for 
the faithful disbursement of all moneys that shall come 
into his hands as such Treasurer, which bond shall be 
made payable to the State of Ohio; and when such 
bond shall be forfeited, it shall be the duty of the town 
Council to sue and collect the same, for the use of the 
common schools in said town; and the said Directors, 



THE AKRON SCHOOL LAWS. 



281 



so organized and qualified, and their successors in office, 
shall be a body politic and corporate in law, by the 
name of "The Board of Education of the town of 
Akron," and, as such, and by such name, shall be au- 
thorized to receive all moneys accruing to said town, or 
any part thereof, for the use and benefit of the com- 
mon schools in said town; and the said Board shall be 
capable of contracting and being contracted with, suing 
and being sued, pleading and being impleaded, in any 
court of law or equity in this State; and shall also be 
capable of receiving any gift, grant, donation, or devise, 
made for the use of the common schools in said town; 
and said Board, by resolution, shall direct the payment 
of all moneys that shall come into the hands of said 
Treasurer; and no money shall be paid out of the 
treasury, except in pursuance of such resolution, and 
on the written order of the President, countersigned 
by the Secretary. 

Sec. 3. That said Board shall hold their meetings at Meetings of the 
such time and place as they may think proper; that Board - 
any four of said Board shall constitute a quorum; that 
special meetings may be called by the President, or by 
any two members of the Board, on giving two days' 
notice of the time and place of holding such meetings; 
but at no special meeting, except all the Directors be 
present, shall any resolution in relation to sites for 
school-houses, or financial resolution, or order be passed, 
unless the two days' notice, as aforesaid, be given, and 
the subject or subjects to be acted on, be specified in 
the notice, and a quorum of at least four members be 
present. 

Sec. 4. That said Board of Education shall have the 
entire management and control of all the common 
schools in said town of Akron, and of all the houses, 
lands, and appurtenances already provided and set apart 
for common school purposes, as well as those hereafter 
to be provided for the same purposes; and the said town 
of Akron, from and after the first Tuesday in June next, 
after the passage of this act, shall constitute, in law, 
but one school district; and all moneys accruing to said 
district for school purposes, under any law of the State, 
shall be paid over to the Treasurer for said Board of 
Education. 

Sec. 5. It shall be the duty of said Board of Educa- 
tion, so soon as they may realize sufficient funds for the 
purpose, to establish within the bounds of the town 
corporate of Akron, six or more primary schools, to be 
located in different parts of the town, so as best to 
accommodate the inhabitants, in which the rudiments 



Shall have con- 
trol of common 
schools, etc., in 
Akron. 



Number and 
grade of schools 
— admission of 
pupils, etc. 



282 



TIIE AKBON SCHOOL LAWS. 



of an English education shall be taught. It shall be 
the further duty of said Board to establish a central 
Grammar school in said town, -where instruction shall 
be given in "the various studies and parts of study" 
not provided for in the primary school, and yet requi- 
site to a respectable English education. To each school 
in this system there shall be gratuitous admission for 
the children, wards, and apprentices of all residents of 
the town corporate of Akron, and such other persons 
in the immediate vicinity as may own property, charged 
with a school tax in said town corporate of Akron, with 
the following restrictions, namely: No pupil shall be 
admitted to the Grammar school who fails to sustain a 
thorough examination in the studies of the primary 
school; and the teacher shall have power, in either 
school, with the advice and direction of the Board of 
Education, to exclude for misconduct, in extreme cases, 
and to classify the pupils as the best good of the school 
shall seem to require: Provided, however, that said 
Board of Education shall not make any rules which 
will exclude from said primary schools any scholar who, 
by the general laws of this State, would be entitled to 
admission into the common schools, within said town, 
and said Board shall not so appropriate the school fund, 
which, by the provisions of this act, shall come under 
their control, as to reduce the amount applicable to the 
support of said primary schools, below the sum to which, 
under the general laws of this State, the common schools 
within said town would be entitled. 

Sec. 6. The said Board of Education shall have 
power to make and enforce all necessary rules and reg- 
ulations for the government of teachers and pupils in 
said schools, to employ teachers, male and female, and 
pay them a suitable compensation, to purchase all neces- 
sary books and apparatus, to select sites for school- 
houses, and superintend the building of the same upon 
their own plan, and to pay for the lands, and houses, 
and furniture, as well as other expenses of said school 
system, from the public moneys in the hands of the 
Treasurer. 

Sec. 7. The said Board of Education, within thirty 
to levy taxes for ^ays after their organization, shall report to the town 
pose9°.° P Council of Akron the number and description of build- 
ings necessary for the purposes of the common schools 
in said town, which report shall be in writing, and 
shall specify the amount of money necessary to be 
raised to meet the expense of erecting such buildings; 
and such Board shall also specify, in said report, the 
amount of money necessary to be raised in addition to 



Power of Board. 



Town Council 



THE AKRON SCHOOL LAWS. 

the money accruing to said town under the general 
school laws of the State, to defray all the other expenses 
of said school system during the current year; and 
thereupon the said town Council shall proceed to levy 
a tax sufficient to meet such expenses of buildings and 
repairing school-houses, and the expenses attendant 
upon the maintenance of said free schools in Akron, 
during the whole year, customary vacations only ex- 
cepted; said tax to be levied and collected as other 
taxes of said town are or may be collected. And it 
shall be the duty of said Board, on or before the first 
Monday in April, in every year thereafter, to make 
report in writing to the town Council, of all moneys 
received, how and for what purpose expended, with 
the proper vouchers, and such other information in 
relation to said schools as they may deem important, 
specifying in said annual report the amount of money 
necessary to be raised by taxation, to defray the 
expenses of said school system for the current year; 
and said town Council shall, annually, upon the com- 
ing in of such report, and within thirty days thereafter, 
proceed to levy a tax sufficient to meet such expenses, 
to be levied and collected as other taxes of said town. 
And the town Council shall cause all such reports of Reports of 
the Board of Education to be published, or so much Board - 
thereof as they may deem necessary, the reports them- 
selves to be left Avith the Mayor of the town, open to 
public inspection. 

Sec. 8. All legal titles to lands and houses, and other Titles to Board 
property used for common school purposes in said etc - 
town of Akron, shall vest in the town Council of Ak- 
ron at the taking effect of this act, and all titles 
acquired thereafter shall be in the name of said town 
Council; and said town Council shall have power to 
sell, lease, and convey, any and all of the lands and ten- 
ements held under and by virtue of this act, and to 
purchase other lands and tenements in more eligible 
positions, by and with the advice of said Board of Edu- 
cation, but not otherwise. 

Sec. 9. The town Council shall, immediately after Examiners of 
the appointment of Directors, as hereinbefore provided, schools! and 
appoint three competent persons to serve as School 
Examiners of said town, all of whom shall be citizens 
of Akron; one to serve until the first Tuesday in June, 
one thousand eight hundred and forty-eight; one until 
the first Tuesday in June, one thousand eight hundred 
and forty-nine; and one until the first Tuesday in June, 
one thousand eight hundred and fifty, and until their 
successors are qualified; and annually, at the first 



284 THE AKRON SCHOOL LAW9. 

regular meeting of the town Council, after the annual 
election for members of that body, they shall appoint 
one person for Examiner, to serve for three years, and 
until his successor is qualified; and the Council shall 
fill all vacancies that may occur by death, removal, or 
otherwise. The Examiners, or any two of them, shall 
examine such persons as may apply for that purpose; 
and if they find the applicant qualified, they shall give 
him a certificate, naming the branches he is qualified 
to teach, that they have carefully inquired into his 
character, and believe it to be moral and good, and that 
they believe him to be well qualified to govern and 
teach; they shall, also, in every case where two of their 
number concur, have power to annul any certificate 
previously given, and the person holding the same 
shall be discharged from the public schools in said 
town;* they shall, also, separately or otherwise, 
together with such other persons as may be appointed 
by the Mayor, visit said schools at least as often as 
once in every quarter, observe the discipline, mode of 
instruction, progress of the scholars, and such other 
circumstances as they may deem of interest; and, semi- 
annually, at such times as the Board of Education 
Reports. shall [appoint,] they shall report their proceedings to 

the town Council, and also to the Board of Education, 
with such suggestions as they may think proper, the 
. publication of which shall be in the discretion of the 
town Council. 
I'ubiic examin- Sec. 10. Annually, at such time as the Board shall 
ation of schools, appoint, public examinations of all the schools shall be 
had, under the direction of the Mayor, Council, the 
Board of Education, and the Examiners. 
Repealing Sec. 11. So much of the general school law, and so 
clause. much of any and all other laws of this State, general or 

local, as may be inconsistent with this act, or any of its 
provisions, is hereby repealed as to said town of Akron. 
Extended to Sec. 12. The power conferred upon the Board of 
Dayton. Education of the town of Akron, in the fifth section of 

this act, is hereby conferred upon the Managers of the 
common schools of the city of Dayton. 
Right of repeal. Sec. 13. Any future Legislature may alter, amend, 
or repeal this act. 

William P. Cutler, 
Speaker of the House of Representatives. 
Edsox B. Olds, 
Speaker of the Senate. 



Modified: see section 3 of the act of June 28, 1848, chapter m. Tax 
not to exceed four mills on the dollar: see section 1 of same act. 



THE AKRON SCHOOL LAWS. 



285 



CHAPTER III. 



An Act to amend the act entitled " An Act for the support and 

better regulation of Common Schools in the town of 

Akron," passed February 8, 1847. 

[Passed January 28, 1848, XLVI vol. Stat. 110.] 



Powers of the 
Board of Edu- 
cation. 



Sec. 1 . Be it enacted by the General Assembly of the 
State of Ohio, That the amount of tax heretofore to be Amount of tax. 
assessed to defray the expense of the school system, 
introduced into said town by virtue of the act to which 
this is an amendment, shall not exceed, in any one 
year, four mills on the dollar of the taxable property 
in said town. 

Sec. 2. The Board of Education of the town of Ak- 
ron shall have full power and authority to determine 
what branches of education shall be taught in any and 
all of said schools under their management and con- 
trol; and said Board shall also have power, at their dis- 
cretion, to restrict the right of admission into any and 
all of said schools, to the children, wards, and appren- 
tices of actual residents, within the limits of the town 
corporate of Akron, with power to admit scholars from 
abroad, upon such terms and conditions as said Board 
shall see tit to prescribe. 

Sec 3. That on or before the first Monday of June, Duties of Au- 
in each year, it shall be the duty of the said Board of d.tor and Treas- 
Education to make known to the Auditor of the county 
of Summit, the amount of tax which they may Avant 
levied for school purposes during the current year; 
and thereupon it shall be the duty of said county 
Auditor to assess the taxable property in said town of 
Akron, as the same appears upon the grand list; and 
the said tax shall be collected by the county Treasurer 
at the same time with the State and county taxes, and 
in the same manner; and, when collected, the amount 
shall be paid over to the Treasurer of said Board of 
Education. 

Sec 4. That so much of the act to which this is an 



236 



THE AKRON SCHOOL LAWS. 



Repealing amendment as conflicts with the provisions of this act, 

Clause. , . . • -i i ii 

be, and the same is hereby repealed. 

Joseph S. Hawkins, 
Speaker of the House of Representatives. 
Charles B. Goddard, 
Speaker of the Senate. 



CHAPTER IV. 



An Act to provide for extending the provisions of an act 

entitled "An Act for the support and better regulation 

of Common Schools in the town of Akron," 

and the amendatory acts thereto, to 

the cities and incorporated 

towns of this State. 

[Passed February 14, 1848, XLV1 vol. Stat. 48.] 



All incorporat- 
ed towns may 
organize under 
preceding acts, 
and how. 



Election of Di- 
rectors. 



Sec. 1 . Be it enacted by the General Assembly of the 
State of Ohio, That every incorporated town or city in 
this State, shall have the provisions of the act entitled 
" an act for the support and better regulation of com- 
mon schools in the town of Akron," and the amenda- 
tory act thereto, passed by the forty-sixth General 
Assembly of this State, extended to all or any of the 
said incorporated towns or cities, wherever two-thirds 
of the qualified voters thereof shall petition the town or 
city Council in favor of having the provisions of said 
acts so extended. 

Sec 2. That whenever two-thirds of the qualified 
voters of any city or incorporated town shall petition 
the town or city Council in favor of having the pro- 
visions of said acts extended to said city or incor- 
porated town, the electors qualified to vote for members 
of the town or city Council, shall assemble at the 
time and place within said town or city, of which at 
least ten days' previous notice shall be given by the 
city or town Council, by posting written or printed 
notices in at least three of the most public places in 
said city or incorporated town, and then and there 
proceed to the election of six Directors, by ballot, who 



THE AKRON SCHOOL LAWS. 



287 



shall serve, and in all respects be governed by tbe pro- 
visions of the act entitled "an act for the support and 
better regulation of common schools in the town of 
Akron," and the act amendatory thereto; and the com- 
mon schools in said city or incorporated town shall, in 
all respects, be governed and organized according to 
the provisions of said acts. 

Sec. 3. That the last preceding election in said city How number of 
or incorporated town, shall be the basis upon which to J£**™ ascer " 
determine the number of qualified voters. 

Sec. 4. That all acts, or parts thereof, inconsistent Repeal i n g 
with the provisions of this act, are hereby repealed: clause. 
Provided, that this act shall not extend to, nor be in 
force in the city of Cincinnati. 

Joseph S. Hawkins, 
Speaker of the House of Representatives. 
Charles B. Goddard, 
Speaker of the Senate. 



CHAPTER V. 



An Act to amend an act entitled "An Act for the support and 

better regulation of Common Schools in the town 

of Akron," passed February 8, 1847, and 

the acts amendatory thereto. 



[Passed March 15, 1849, XLVII vol. Stat. 45.] 



Sec. 1. Be it enacted by the General Assembly of the Boards of E<iu- 
State of Ohio, That the Board of Education in any cation may 
city, town, or village, which has adopted the act enti- iaws. P 
tied " an act for the support and better regulation of 
common schools in the town of Akron," passed Febru- 
ary 8, 1847, and the acts amendatory thereto, may 
adopt the eleventh, twelfth, and fifteenth sections of the 
act entitled "an act for the better organization of the 
public schools in cities, towns," etc., passed February 
15, 1849, whenever, in the opinion of said Board of 
Education, the educational interests of such city, town, 
or village, may require it. 



288 



ACT FOR SCHOOLS IN CITIES, TOWNS, ETC. 



Sec. 2. All acts, or parts thereof, inconsistent with 
the provisions of this act, are hereby repealed. 
John G. Breslin, 
Speaker of the House of Representatives. 
Brewster Randall, 
Speaker of the Senate. 



CHAPTER VI. 



GENERAL ACT FOR SCHOOLS IN CITIES, 
TOWNS, ETC. 



An Act for the better regulation of the Public Schools in 
cities, towns, etc. 

[Passed February 21, 1849, XLVTI vol. Stat. 22.] 



Towns of 200 in- Sec. 1. Be it enacted by the General Assembly of the 
be'si'ngie school State of Ohio, That any incorporated city or town in 
districts. this State, or any incorporated town or village, except 

snch city, town, or village, as is now, in whole or in 
part, governed as to schools by some special law hereto- 
fore passed, containing within the town or village plot, 
as laid out and recorded, two hundred inhabitants or 
more, with the territory attached, or hereafter to be 
attached to said city, town, or village, for school pur- 
poses, may be organized into and established as a 
single school district, in the manner and with the 
powers hereinafter specified; but the provisions of this 
act shall not apply to any city, town, or village, or any 
part thereof, which is now governed as to schools by 
any special law. 

Sec. 2. That, in order to such organization, written 
notices shall be posted up in three or more of the most 
adoption of this public places in said contemplated district, signed at 
act ' least by six resident freeholders of the same, request- 

ing the qualified electors in said district to assemble 
upon a day, and at some suitable place in said district, 
to be named in said notices, then and there to vote, by 
ballot, for or against the adoption of this act, which 



Qualified voters 
to vote for or 
against the 



ACT FOR SCHOOLS IN CITIES, TOWNS, ETC. 



280 



Manner of cast- 
ing such vote. 



notice shall be so posted up at least ten days next prior 
to said meeting. 

Sec. 3. That the electors assembled at said time and 
place shall proceed to appoint a Chairman, Assistant 
Chairman, and Clerk, who shall be Judges of said 
election. That the electors in favor of the adoption of 
this act for said district, shall write upon their ballots, 
"School law," and those opposed thereto shall write 
upon their ballots, "No school law;" the adoption or 
rejection of this act to be determined by a majority of 
the votes to be cast in manner aforesaid. 

Sec. 4. That in case a majority of votes shall have Directors to be 
been cast for said law, the electors of said districts shall chosen - 
assemble at the place last aforesaid, within twenty days 
from the time of the adoption of said act, of which at 
least ten days' previous notice shall be given by said 
Chairman and Clerk, in the manner aforesaid, and shall 
then choose, by ballot, six Directors of the public 
schools of said district, two of whom shall serve for 
one year, two for two years, and two for three years, 
the time that each shall serve to be designated on the 
ballots; and annually thereafter, there shall be chosen, 
in the same manner, two Directors, each of whom 
shall serve for three years, and until their successors 
shall be elected and qualified; such intermediate vacan- 
cies as may occur to be filled by the acting Directors 
until the next annual election, when such vacancies 
shall be filled by the electors. 

Sec. 5. That said Directors,, within ten days after Directors to or- 
their appointment as aforesaid, shall meet, and organize s anize - 
by choosing from their number a President, Secretary, 
and Treasurer; that said Treasurer, before he enters 
upon the duties of his office, shall give bond payable to 
the Slate of Ohio, with security, to be approved by said 
Board, and to be by them kept, conditioned for the 
faithful discharge of his duties as such Treasurer. 

Sec. 6. The said Directors, and their successors in m. . 

re in! ii 11 !• Ineir powers 

orhce, shall be a body corporate, by the name of the and duties. 
Board of Education of said city, town, or village, and, 
as such, and by such name, shall receive all moneys, 
and other property, belonging or accruing to said 
district, or to said city, town, or village, or any part of 
the same, for the use or benefit of the public schools 
therein; and the said Board shall be capable of con- 
tracting and being contracted with, suing and being 
sued, pleading and being impleaded, in any court of 
law or equity; and also shall be capable of receiving 
any gift, grant, bequest, or devise, made for the use of 
the public schools in said city, town, or district, and 

19 



290 



ACT FOR SCHOOLS IN CITIES, TOWNS, ETC. 



Meetings of the 
Board. 



paid out. 



School-houses, 
how built. 



all moneys accruing to said city, town, or district, 
for school purposes, under any law of this Slate, 
shall be paid over to the Treasurer of said Board of 
Education. 

Sec. 7. Said Board of Education may hold stated 
meetings at such times and places in said district as 
they may appoint, four members of said Board, at 
all meetings thereof, constituting a quorum for busi- 
ness; that special meetings thereof may be called by 
the President, or by any two members, on giving one 
day's notice of the time and place of the same; and 
Money, how said Board, by resolution, shall direct the payment of 
all moneys that shall come into the hands of the Treas- 
urer, and no money shall be paid out of the treasury 
except in pursuance of such resolution, and on the 
written order of the President, countersigned by the 
Secretary. 

Sec. 8. That whenever said Board shall deem it 
necessary to purchase or erect a school-house, or school- 
houses for said district, or to purchase sites for the 
same, they shall call a meeting of the legal voters in 
said district, by giving at least ten days' notice of the 
time, and place, and object of said meeting, in some 
newspaper printed in, and in general circulation in such 
district, if any such there be; and if there be no such 
newspaper, then by posting up written or printed notices 
thereof, at five or more of the most public places in 
said district, and the President of said Board, and in 
his absence one of the other Directors, shall act as 
Chairman of said meeting, and said meeting may de- 
termine, by a majority vote, upon the erection of a 
school-house or school-houses, and the purchase of a 
site or sites therefor, and the amount of money to be 
raised for the purpose aforesaid, and the time, or times 
when the same shall be paid, which money, so voted, 
shall be thereupon certified by the Board of Education, 
by its Chairman and Secretary, to the Auditor of the 
county, and shall be assessed in said district, collected 
and paid over to the Treasurer of said district, in the 
same manner as the tax hereinafter provided for in the 
twelfth section of this act. 

Sec 9. It shall be the duty of said Board, so soon 
as the means for that purpose can be provided, to estab- 
lish in said district an adequate number of primary 
schools; to be so located as best to accommodate the 
inhabitants thereof, and in which the rudiments of edu- 
cation shall be taught, and it shall be the further duty 
of said Board, to establish in said district, a suitable 



Board to estab- 
lish primary 
schools. 



ACT FOR SCIIOOLS IN CITIES, TOWNS, ETC. 



291 



number of other schools of a higher grade or grades, 
wherein instruction shall be given in such studies as 
may not be provided for in the primary schools, the 
number of schools, and also of the different grades 
thereof, to be determined by said Board; and it shall 
be the further duty of said Board to decide what 
branches shall be taught in each and all of said schools, 
provided that no other language than the English or 
German shall be taught therein, except with the con- 
currence of two-thirds of said Board. 

Sec. 10. Admission to said schools shall be gratui- 
tous to the children, wards and apprentices of all actual 
residents in said district, who may be entitled to the 
privileges of the public schools, under the general laws 
of this State, provided that said Board shall have power 
to admit to said schools other pupils, upon such terms, 
or upon the payment of such tuition, as they may pre- 
scribe. 

Sec. 1 1 . Said Board shall have power to make all 
necessary regulations for said schools, to prescribe and 
enforce rules for the admission of pupils into the same, 
not inconsistent with the preceding section, and the 
examination that pupils must pass preparatory to admis- 
sion into the schools of higher grades than the primary; 
to subdivide said school district, if they shall think 
proper; to select sites for school-houses; to superintend 
the building of the same, and to pay therefor, their 
appurtenances, furniture, and apparatus, to borrow 
money for the erection of school-houses, upon a major- 
ity vote of said district therefor, and to incur all other 
expenses of said school sj T stem, and pay the same from 
the public moneys of said district. 

Sec. 12. It shall be the duty of said Board to keep 
said schools in operation not less than thirty-six, nor 
more than forty-four weeks of each year, to determine 
the amount of the annual tax to be raised for the pur- 
pose aforesaid, including all the necessary expenses of 
said schools, except for the erection of school-houses 
and the purchase of sites; and on or before the first 
day of July, of each year, to make known the amount 
of such tax to the Auditor of the county in which said 
district is situate; and thereupon it shall be the duty of 
said Auditor to assess the same upon the taxable prop- 
erty of the said district as the same appears on the 
grand list in his office, and the said tax shall be col- 
lected by the county Treasurer, in the same manner, 
and at the same time, with the State and county taxes, 
and when collected shall be paid over to the Treasurer 



High schools. 



Branches to be 
taught. 



What scholars 
admitted. 



General powers 
of the Board. 



How long* 

schools to be 
kept in each 
year. 



School tax, how- 
levied and col- 
lected. 



292 



ACT FOR SCHOOLS IN CITIES, TOWNS, ETC. 



Not to exceed 
fourmills on the 
dollar. 



Board shall re- 
port to annual 
meeting. 



Board shall ap- 
point School 
Examiners. 



of said Board: * Provided, however, that the tax 
to be assessed under this section shall not exceed four 
mills on the dollar upon the taxable property of said 
district, as the same appears upon the grand list; pro- 
vided further, that in case the amount so authorized to 
be raised, together with the other school moneys of 
said district, shall be insufficient to support said schools 
for the portion of the year mentioned in this section, 
that said Board of Education may require such sum as 
may be necessary to support the same for the residue of 
said time, to be charged at the discretion of said Board 
upon the tuition of the pupils attending such schools; 
Provided, however, that the children of indigent 
parents, or orphans, who are unable to pay such 
charges, shall not be excluded from said schools for the 
non-payment of the same; and it shall be the further 
duty of said Board to keep an accurate account of their 
proceeding, and. of their receipts and disbursements 
for school purposes, and at the annual meeting for the 
choice of Directors in said district to make report of 
such receipts, and the sources from which the same 
were derived, and of said disbursements, and the objects 
to which the same were applied, and they shall also 
make report at the same time of such other matters 
relating to said schools, as they may deem the interests 
of the same to require. 

Sec. 13. That said Board of Education, within 
twenty days after their election, shall appoint three 
competent persons, citizens of said district, to serve as 
School Examiners of the public schools therein, one to 
serve for one year, one for two years, and one for three 
years from the time of their appointment, and until 
their successors shall be appointed, and annually there- 
after said Board shall appoint one Examiner to serve for 
three years, and until his successor is appointed and 
qualified; and said Board shall fill all vacancies that 
may occur from death, removal, or otherwise. Said 



fc The following law is probably still in force: 



An Act to regulate the fee9 of county Treasurers in certain cases. 

[/'a.wiZ December 21, 1852. LI vol. Stat. 288.] 

Treasurers to col- Sec. 1. Be it enactel by the. General Assembly of the State of Ohio, 
lect school taxes That the county Treasurers of this State shall be allowed, for collecting 
miller certain acts, and paying over school taxes assessed under the act of February 21, 
1849, and an act amendatory thereto, passed March 13, 1850, for the 
better regulation of common schools in cities and towns, thesum of one 
per cent, on all moneys by them collected and paid over under the pro- 
visions of said acts. 

James C. Johnson, 
Speaker of the House of Representatives. 
William Mkdili., 
President of the Senate. 



ACT FOE SCHOOLS IN CITIES, TOWNS, ETC. 



293 



Examiners, or any two of them, shall examine any per- Duty of Exam- 
son that may apply for that purpose, with the intention iners " 
of becoming teachers in any of the schools in said 
district; and if they find the applicant, in their opinion, 
qualified to teach in any of said schools, and to govern 
the same, and of good moral character, they shall give 
said applicant a certificate naming the branches in 
which the holder of said certificate was found qualified 
to teach — and no person shall be permitted to teach in 
said schools without such certificate — and said Exam- 
iners may, in all cases where two of their number con- 
cur, have power to annul such certificate, and, when 
so annulled, the person holding the same shall be 
discharged as a teacher of said schools; said Examin- 
ers shall also, separately or otherwise, together with 
said Board of Education, or any of them, or such 
person as they may appoint, or invite, visit said schools 
as often as once in every term, and observe the disci- 
pline, mode of teaching, progress of the pupils, and such 
other matters as they may deem of interest, and make 
such suggestions, and report thereupon to said Board, 
as they may think proper, which report may be pub- 
lished at the discretion of said Board. 

Sec. 14. Upon the adoption of this act in the manner 
herein provided, by any city, town, village, or district, 
all laws now in force therein, inconsistent hereAvith, are 
hereby repealed. 

Sec. 15. That said Board of Education, or the 
Treasurer thereof, shall have power to collect any 
charge or account for tuition, iii the same manner as 
the Treasurer of any common school district in this 
State, is now, or may hereafter be, authorized to collect 
any such charge or account. 

John G. Breslin, 
Speaker of the House of Representatives. 

Brewster Randall, 
Speaker of the Senate. 



Acts repealed 



Treasurer may 
collect charge! 
for tuition. 



294 



ACT FOR SCHOOLS IN CITIES, TOWNS, ETC. 



CHAPTER VII. 



An Act to amend the act entitled "An Act to provide for the 
organization of cities and incorporated villages," 
passed May 3, 1852. 

[Passed March 11, 1853, LI vol. Stat. 364] 



Certain appro- 
priations not 
authorized. 



Council may 
borrow money 



Sec. 12. That the ninety-eighth section of said act 
be, and the same is hereby so amended as to read as 
follows: That the Council of any municipal corporation 
shall not authorize any loan or appropriation not predi- 
cated on the revenues of the corporation for the current 
fiscal year, and shall not authorize any order or appro- 
priation of money, when there is not, in the city treas- 
ury, money unappropriated sufficient to pay such 
appropriation; and any appropriation otherwise made 
or authorized, shall be held and deemed utterly void 
and of no effect as against said corporation: Provided, 
however, that for the purpose of purchasing necessary 
grounds, and erecting suitable school buildings for the 
for school pur- use f public schools, the Council of any such corpo- 
ration may, at the request of the Board of Education 
of said corporation, make sufficient appropriation there- 
for, and shall have power to borrow money upon the 
credit of such corporation, sufficient for the aforesaid 
purposes, at such rates of interest as said Council 
may deem proper; and, for the purpose of effecting 
such loan, the said Council shall have power to pledge 
the faith of said corporation for the payment of both 
principal and interest, including the power to levy a 
tax for the payment of the same, whenever the same 
may become due, and to make and execute such bonds, 
or other evidences of debt, and payable at such times 
and places as shall be agreed upon by the parties so 
contracting, which said bonds, or other evidences of 
debt, may be made transferable and redeemable in such 
form, and at such times and places, as may be therein 
designated; and the necessary grounds shall be pro- 
cured, and the said school buildings hereby authorized 



Loan how per 
fected. 



ACT FOR SCHOOLS IN CITIES, TOWNS, ETC. 



295 



shall be constructed under the direction of, and in School Buiid- 
accordance with, a plan, or plans, furnished by the in;:s ' how con - 
Board of Education of said corporation. * * * 8tructed - 



CHAPTER VIII 



An Act to amend the " Act for the better regulation of the 

Public Schools in cities, towns, etc.," passed 

February 21, 1849. 

[Passed March 13, 1850, XLYIII vol. Slat. 40.] 



Extending act in 
reference to pub- 
lic schools. 



Sec. 1 . Be it enacted by the General Assembly of the 
State of Ohio, That the act for the better regulation 
of the public schools in cities, towns, etc., passed 
February .21, 1849, be, and the same is hereby extended 
to incorporated townships, and to school districts, now 
or hereafter to be organized, which shall adopt the same 
in the manner specified in the second and third sections 
of said act: Provided, however, that said act shall not 
be so extended to any township or school district, con- 
taining less than five hundred inhabitants, unless said 
school district consists, in whole or in part, of an incor- 
porated town or village. 

Sec. 2. Township and school districts to which said g intrIe 
act may be extended in the manner aforesaid, shall districts. 
thereafter be known and recognized in law as single 
school districts, with all the powers, rights, and fran- 
chises which, for educational purposes, are, or may be 
conferred upon incorporated cities, towns, and villages, 
in virtue of the act aforesaid; and the Board of Educa- 
tion of such townships and school districts, shall be 
elected and organized in the same manner as is provided 
in the fourth and fifth sections of said act, and shall 
have like powers, rights, and privileges, and perform 
like duties as Boards of Education of cities, towns, etc., 
under the act aforesaid. 

Sec 3. The title to all real estate, and other property 
belonging, for school purposes, to any city, town, village, tate t0 ves t 
township, or district, or to any part of the same, which 
is or may be organized into a single school district, in 



Board of Educa- 
tion. 



Title to real es- 



296 AMENDMENTS OF THE GENERAL SCnOOL ACT. 

accordance with this act, or the act to which this is an 
amendment, shall be regarded in law as vested in the 
Board of Education thereof, for the support and use of 
the public schools therein, and said Board may dispose 
of, sell, and convey said real estate, or any part of the 
same, by deed, to be executed by the President of said 
Board, upon a majority vote for such sale at any regu- 
lar meeting of the Electors of said district. 
Board to have Sec. 4. The Board of Education of any city, town, 
c°ude children village, township, or school district, organized for the 
under six years support of schools under this act, or the act to which 
this is amendatory, or the act for the support and better 
regulation of common schools in the town of Akron, 
and the acts amendatory thereto, or under any special 
local act, shall have authority to exclude from the pub- 
lic schools, in such city, etc., all children undfer the 
age of six years. 

Benjamin F. Leiter, 
Speaker of the House of Representatives. 
Charles C. Convers, 

Speaker of the Senate. 



CHAPTER IX 



AMENDMENTS OF THE GENERAL SCHOOL 
ACT OF 1853. 



An Act to amend an act entitled " An Act to provide for the or- 
ganization, supervision, and maintenance of Common 
Schools," passed March 14, 1853. 

[Passed March 1, 1854, LII vol. Stat. 110.] 

Sec. 1. Be it enacted by the General Assembly of the 
Tax levied for State of Ohio, That section sixty-three of the act en- 
sctiooi purposes titled, "an act to provide for the re-organization, super- 
doHarvaiuation vision, and maintenance of common schools," passed 
March 14, 1853, be, and hereby is so amended as to 
read as follows: Section 63. For the purpose of afford- 
ing the advantages of a free education to all the youth 
of this State, the State common school fund shall here- 



AMENDMENTS OF GENERAL SCHOOL ACT. 



297 



after consist of such sum as will be produced by the 
annual levy and assessment of one and one-half mills on 
the dollar valuation, on the grand list of the taxable 
property of the State; and there is hereby levied and 
assessed annually, in addition to the revenues required 
for general purposes, the said one and one-half mills 
upon the dollar valuation as aforesaid, and the amount 
so levied and assessed, shall be collected in the same 
manner as other State taxes; and when collected, shall 
be annually distributed to the several counties of the 
State, in proportion to the enumeration of scholars, 
and be applied exclusively to the support of common 
schools. 

Sec. 2. That section sixty-three of the act to which Section repealed, 
this is amendatory, be, and the same is hereby repealed. 

F. C. LeBlond, 
Speaker of the House of Representatives. 
Robert Lee, 
President of the Senate, pro tern. 



CHAPTER X 



An Act to provide for the completion of certain contracts here- 
tofore made by School Directors. 

[Passed February 6, 1854, LII vol. Stat. 17.] 



Sec. 1. Be it enacted by the General Assembly of the To empower 
State of Ohio, That in all cases where pursuant to Boards" of ^Edu- 
law, contracts have been made or entered into for the cation to com- 
sale of school-house sites or lands, the property of £ ntracts C . er *'" 
any school district heretofore existing in this State, 
and the sale remains to be perfected by conveyance, 
the township Board of Education, in the township 
where such property may be situate, shall be author- 
ized to complete the same by executing a conveyance 
in the manner prescribed in section eleven of the act 
entitled an act to provided for the re-organization, 
supervision, and maintenance of common schools, 



298 AMENDMENTS OF GENERAL SCHOOL ACT. 

passed March 14, 1853, on full compliance therewith 
by the purchaser or purchasers. 

F. C. LeBlond, 
Speaker of the House of Representatives. 
Robert J. Atkinson, 
President of the Senate, pro tern. 



CHAPTER XI. 



An Act relating to Common Schools 
[Passed April 10, 1856, LVIII vol. Stat. —.] 



Preamble. 



Transfers made 
valid. 



Whereas, certain Boards of Education, organized 
under an act for the better regulation of public schools 
in cities, towns, etc, passed February 21, 1849; and 
certain Boards of Education organized under an act 
to provide for the reorganization, supervision and 
maintenance of common schools, passed March 14, 
1853, acting under said acts have by agreement be- 
tween said Boards, under the act passed February 21, 
1849, and the Boards, under the act passed March 14, 
1853, made annexations and transfers of territory to 
and from the districts provided for in said acts respect- 
ively for the promotion of education, according to the 
true intent and meaning of said acts; and whereas, 
doubts exist as to the legality of such annexations and 
transfers of territory, therefore, 

Sec. 1. Be it enacted by the General Assembly of the 
State of Ohio, That all annexations or transfers of ter- 
ritory to or from the districts provided for in the said 
act passed February 21, 1849, and in the said act 
passed March 14, 1853, made pursuant to said acts 
respectively, and the agreement of the Boards of Edu- 
cation organized under said acts respectively, hereto- 
fore made or agreed upon, or which shall hereafter be 
thus made or agreed upon, shall be held to be as valid 
as if the same had been specially and more particularly 
provided for in said acts, or the acts amendatory thereto. 

Sec. 2. Be it further enacted, That the Boards of 
Education of any city, or incorporated village, or union 
school district created by any law of this State, shall 



AMENDMENTS OP GENERAL SCHOOL ACT. 

have power according to the general provisions of said 
act passed March 14, 1853 by mutual agreement be- 
tween the township Board and the city or village 
Board to transfer territory to or from the respective 
districts under the control of said respective Boards. 
Sec. 3. That this act shall be in force from and 
after its passage. 

N. H. Van Vorhks, 
Speaker of the House of Representatives . 
Thomas H. Ford, 

President of the Senate. 



299 



CHAPTER XII. 



An Act providing for recording, printing, and distributing the 

Journals of the General Assembly, and the 

laws and public documents. 

[Passed April 8, 1856, LIII vol. Stat. —.] 



Sec. 6. All county, township, city and village offi- when official 
cers, and all officers and Boards of officers, of all State re P° rts t0 be 
institutions and buildings, and all officers connected 
with the public works of the State, and all corporations 
(except such as by their characters are required to 
make their reports at some other specified time) which 
are now, or may hereafter be required by law, to 
make annual reports for any purpose to any State officer 
or officers, shall make out the same on or before the 
fifth day of November of each year, and forthwith 
transmit the same to the proper officer or officers. For 
the purpose of making out all such reports as come 
within the provisions of this section, the year shall 
begin on the first day of November of each year, and 
end on the last day of October of the succeeding year: 
Provided, that the school year shall begin on the" first School year. 
day of September annually, and close on the last day 
of the following August; and all school officers and 
township officers acting as such, who are or may be 
required to make annual reports to the county Auditor; 



300 



TEACHERS INSTITUTES. 



Reports of State 
officers. 



shall make out the same aud transmit them to the 
county Auditor on or before the first day of October 
following the expiration of the school year. 

Sec. 7. All State officers, and Boards of officers, and 
the officers of all such institutions and buildings, as are 
now, or may hereafter be required to make annual re- 
ports to the General Assembly, or to the Governor, shall 
hereafter make such reports to the Governor on or 
before the twenthieth day of November of each year, 
and the Governor shall cause the same to be printed 
as soon thereafter as practicable, by the printer having 
the contract for this branch of the public printing, and 
the Governor shall lay before the General Assembly all 
such reports, in printed form, at the same time that he 
lays before it his regular message. But nothing in this 
section, or in this act, shall be held to modify, in any 
respect, the existing laws in relation to the annual 
report of the State Board of Agriculture. 



CHAPTER XIII. 



TEACHERS' INSTITUTES, 



An Act to encourage Teachers' Institutes. 



[Passed February 8, 1847, XLV vol. Stat. 67.] 

Preamble. "Whereas, it is represented that, in several coun- 

ties, associations of teachers of common schools, called 
Teachers' Institutes, have been formed, for the pur- 
pose of mutual improvement and advancement in their 
profession, which, it is represented, have already ac- 
complished much to elevate the standard of common 
school instruction in their respective counties; there- 
fore, in order to encourage such associations, and thus 
promote the cause of popular education, 

Sec. 1. Be it enacted by the General Assembly of the 
State of Ohio, That in the several counties mentioned 



TEACHEKS' INSTITUTES. 



301 



in the fifth section, in which such associations now 
exist, or in which such associations shall be hereafter 
formed, it shall be lawful for the county Commission- 
ers of said counties to appropriate the annual avails, or 
any part thereof, of the fund provided for in the third 
section of the act passed March 19, 1848, entitled "an 
act declaratory of, and amendatory to, an act entitled 
'an act providing for the distribution and investment 
of this State's proportion of the surplus revenue,' " 
passed March 28, 1837, for the purposes of such 
associations. 

Sec. 2. The moneys so appropriated shall, upon the 
order of the county Auditor, be paid over to, and ex- 
pended by the Board of School Examiners of the proper 
county; the one-half thereof, at least, to the payment 
of suitable persons as instructors and lecturers to such 
associations, and the balance to the purchase and sup- 
port of a suitable common school library, for the use 
of such associations. 

Sec. 8. Every teacher of common schools of the 
county, and every person of the county intending to 
become a teacher of common schools within the next 
twelve months, shall have the right, without charge for 
instruction, to attend the meetings of such associations, 
and enjoy all their benefits. 

Sec. 4. It shall be the duty of all the county Boards 
of School Examiners, in the several counties mentioned 
in the fifth section, to report, annually, to the Secretary 
of State, during the month of December, the number 
of male and female teachers examined by them during 
the year, the number of certificates given, how many 
authorized the teaching of Reading, Writing, and Arith- 
metic only; and when moneys shall have been received 
by virtue of this act, they shall also report how it has 
been expended, and with what results. 

Sec. 5. This act shall be in force only in the coun- 
ties of Ashtabula, Lake, Geauga, Cuyahoga, Erie, Lo- 
rain, Medina, Trumbull, Portage, Summit, Delaware. 

William P. Cutler, 
Speaker of the House of Representatives. 
Edson B. Olds, 
Speaker of the Senate. 



County Com- 
missioners may 
appropriate an- 
nual proceeds 
of surplus rev- 
enue. 



Moneys to be 
paid to lectur- 
ers, and for li- 
brary. 



Who shall have 
a right to attend 
the meetings of 
associations. 



County Boards 
of Examiners to 
report to Secre- 
tary of State. 



302 



TEACHERS INSTITUTES. 



CHAPTER XIV. 



An Act to amend an act to encourage Teachers' Institutes, and 
to extend the provisions of the acts providing for Teach- 
ers' Institutes, and county Superintendents, 
to the several counties of 
this State. 



[Passed February 24, 1848, XLVI vol. Stat. 86.] 



Former 1 aw 

made general. 



Former act in 
reference to li- 
braries amend- 
ed. 



Sec. 1. That the provisions of the act entitled "an 
act to encourage Teacher's Institutes," and the act 
entitled " an act to provide for the appointment of 
county Superintendents of Common Schools, and de- 
fining their duties in certain counties therein named," 
passed February, 1847, be, and the same are hereby 
extended to all the counties in this State. 

Sec. 2. That the second section of the act entitled 
"an act to encourage Teachers' Institutes," passed 
February 8, 1847, is hereby so amended that all money 
used under the provisions of said section, in purchas- 
ing libraries, shall be used in purchasing and support- 
ing suitable common school libraries, for the several 
common school districts in the several counties in this 
State that may be in possession of the funds named in 
the first section of this act. 

Joseph S. Hawkins, 
Speaker of the House of Representatives. 
Charles B. Goddard, 
Speaker of the Senate. 



TEACHEKS' INSTITUTES. 



$03 



CHAPTER XV. 

An Act to amend an act entitled "An Act to encourage Teachers' 
Institutes, passed February 8, 1847. 

[Passed February 1G, 18^9, XLVII vol. Stat. 19.] 

Sec. 1 . Be it enacted by the General Assembly of the 
State of Ohio, That the county Commissioners of the 
several counties mentioned in the act to which this is 
an amendment, shall be, and they are hereby authorized, 
at their June session, in each year, whenever, for any 
cause, the sum of one hundred dollars shall not arise 
from the means and source as provided in the first sec- 
tion of the aforesaid act, to appropriate such sum as 
shall be sufficient to make up said sum of one hundred 
dollars, from any moneys in the county treasury not 
otherwise appropriated. 

Sec. 2. That in case there are no moneys at the dis- 
posal of the said county Commissioners, they are hereby 
authorized to levy a tax (in the usual manner) for the 
purposes named in the preceding section. 

Sec. 3. That no part of the money appropriated by 
virtue of this act, or of the act to which this is an 
amendment, shall be ordered by the county Auditor to 
be paid over, except upon the petition of at least forty 
practical teachers, who shall therein declare their bona 
fide intention to attend such association within their 
respective counties, and who shall also, at the time of 
so petitioning as aforesaid, be permanent residents of 
the county in which application shall be made; and 
which payment and appropriation shall also be approved 
and recommended in writing, indorsed upon said peti- 
tion by the Board of School Examiners of such county. 

Sec 4. That said sum of one hundred dollars, or 
any part thereof, shall not be ordered by the county 
Auditor to be paid over as aforesaid, until, said teachers 
shall have first raised and paid over, or secured to be 
paid over, to said Board of School Examiners, for the 



County Commis- 
sioners may ap- 
propriate $1(J0. 



May levy a tax. 



Money, how and 
for what appro- 
priated. 



Not to be paid 
over until teach- 
ers raise half 
the amount 
asked for. 



304 SALE OF SECTION SIXTEEN. 

purposes and benefit of such association, at least one- 
half of the sum for which they shall so petition said 
county Auditor, and which payment, or security for 
payment, as aforesaid, shall be made known to said 
Auditor by the receipt, or certificate in writing of said 
Board of School Examiners. 

John G. Breslin, 
Speaker of the House of Representatives. 

Brewster Randall, 
Speaker of the Senate. 



tt 



Section Sixteen 



CHAPTER XVI. 

SALE OF SECTION SIXTEEN. 



An Act to regulate the sale of School Lands and the surrender 
of permanent, leases thereto. 

[Passed April 16, 1852, L vol. Stat. 168.] 

Sec. 1 . Be it enacted by the General Assembly of the 
State of Ohio, That all those lands granted by the 
school" lands Congress of the United States for school purposes, 
may be sold. known as section sixteen, together with all such as 
have been granted in lieu of said section sixteen, may 
be sold, and such sale shall be regulated by, and con- 
ducted according to the provisions of this act. 

Sec. 2. In case there has been no vote taken for the 

How vote or the , , m „ ... 

citizens shall be sale ot any such lands, the lrustees ot any original 
takeu " surveyed township, to which such lands may belong, 

shall, at least thirty days prior to taking of any such 
vote, cause not less than eight notices to be posted up 
in as many of the most public places of such township, 
notifying the legal voters resident therein, to meet at 
some convenient place and time therein specified, and 
then and there cast their ballots, for or against the sale 
of any such lands belonging to such township, 
same subject. ^ K0 - 3 - ^ Q Trustees of the township shall preside 



SALE OF SECTION SIXTEEN. 



305 



at the taking of such ballots, and shall appoint two 
Clerks, who shall keep two poll books, containing the 
names of the voters and the result of the ballot, which 
poll books shall be signed by the Trustees and Clerks; 
and, in case such ballot shall result in favor of a sale, 
the Trustees shall, within ten days after such election, 
deposit one of said poll books with the Auditor of the 
county, within which such lands (or the greater portion 
thereof) may be situated, with a copy of the notice 
given, and the affidavit of one or more of the Trustees, 
stating the manner of giving said notices, and the time 
and place of putting up the same; which notices, affi- 
davit, and poll book, shall be, by said Auditor, copied 
into a book for that purpose to be provided; and when 
so recorded, such record shall be proof of the facts 
therein stated. 

Sec. 4. When such record has been made, the Trus- Trustees to peti- 
tees of such township to which said lands belong, shall common" Pleas, 
file a petition in the Court of Common Pleas of the 
county within which said lands (or the greater portion 
of them) may be situate, setting forth the giving of 
said notice, the taking of said ballot, the result of the 
same, the filing and recording of the aforesaid papers 
in the office of the Auditor of the proper county, and 
asking the Court to appoint three disinterested freehold- 
ers, not resident of the township in which the land may 
be situated, to divide and value the same in money. 

Sec. 5. If such Court shall be satisfied that the state- 
ments made in the petition are true, the Court shall 
appoint three persons to divide and appraise the same, 
according to the prayer of such petition; and said ap- 
praisers, after being first duly sworn before some officer 
authorized to administer oaths, and taking to their aid, 
if they think necessary, the county Surveyor, shall 
proceed to divide said lands into such parcels or tracts 
as, in their opinion, will be best for the sale thereof, 
and return in writing such divisions, suitably numbered 
and described, to the said Court, with a just valuation 
of each separate division, in money. 

Sec. 6. The Court, on such return being made, and Returns, etc., to 
having been by said Court examined, and found in all 
things regular, just and fair, shall certify the same, and 
order the same to be entered of record, together with 
the petition, and all the proceedings therein had; a copy 
of which the Trustees shall cause to be filed in the office 
of the Auditor of the proper county, who shall copy 
the same into a book containing the notice, affidavit, 
and poll book aforesaid, and immediately following the 
same. 

20 



Court to appoint 
appraisers. 



306 SALE OF SECTION SIXTEEN. 

County Auditor Sec. 7. The Auditor of the county, on the recording 
to advertise sale. f sa jj proceedings, shall forthwith cause a notice to be 
published in some newspaper of general circulation in 
said county, for six consecutive weeks before the day 
of sale; and, at the same time, by posting up copies of 
such notice in six of the most public places in said 
county, two of which shall be in the township where 
the lands are situate, and one at the court-house, con- 
taining a description of the lots or lands to be sold, the 
valuation thereof, and the time when said land shall be 
offered at public auction, by said Auditor, at the door 
of the court-house, at not less than the appraised value 
thereof; one-twelfth of the purchase money to be paid 
at the time of sale, and the balance in eleven annual in- 
stallments, of equal amount, with annual interest thereon ; 
and said Auditor shall, at such time and place, proceed 
to offer the same to the highest bidder, at or over the 
appraisement, and on the terms stated in said notice. 
8ame Sec. 8. In case said lands, or any part thereof, shall 

not be sold as aforesaid, the Auditor may continue to 
offer the same on the application, in writing, of the 
Trustees of the township to which said lands may be- 
long, at any future time or times, until they shall be 
sold, having first given the like notices herein provided, 
to be given on the first sale thereof: Provided, that no 
sale shall be had on any valuation made more than two 
years prior to the day of the sale. 
Reappraisement. Sec. 9. The Court of Common Pleas aforesaid is 
hereby required, on the petition of the Trustees afore- 
said, setting forth the former appraisement, and the 
subsequent proceedings thereto, and that two years 
have elapsed, and the land remaining unsold, to direct 
a new valuation of the same to be made in the manner 
hereinbefore directed, unless said Court, on testimony, 
shall be satisfied that the former appraisement is a just 
and fair valuation of said lands; in that case, the Court 
shall make an entry of the fact, which entry shall be 
certified to, and recorded by the Auditor, in manner 
aforesaid, and shall have the same effect as a new ap- 
praisement, 
in cases of per- Sec. 10. In case said lands are held under permanent 
manent leases, leases, or leases for ninety-nine years, the legal or equi- 
table holder of any such lease, wishing to surrender the 
same, and to purchase the fee of the premises so held 
by lease, may, with the consent of the Trustees of the 
original township to which such lands belong, file his 
petition in the court of Common Pleas of the county 
in which the largest portion of such lands are situate, 
setting forth a description of the premises so held, the 



SALE OF SECTION SIXTEEN. 



307 



state of his lease, or his title thereto, that he is desirous 
of surrendering such lease and becoming the owner of 
the premises in fee, and asking the Court to appoint 
three disinterested freeholders of the county, and not 
resident of the township wherein such lands are situate, 
to value the same; and the Court, on being satisfied of 
the truth of the facts set forth in such petition, shall 
appoint such appraisers, who shall proceed, under oath, 
to make a just valuation of the premises in money, 
without reference to the improvements made thereon, 
under and by reason of said lease, and shall return such 
valuation, in writing, to said Court; and the said Court, 
if it shall be satisfied that said valuation is just, shall 
confirm the same, and order it, with the petition and 
other proceedings therein, to be recorded: Provided, 
that before the Trustees of any original surveyed town- 
ship shall consent to the surrender of any lease, as 
provided in this act, they shall cause the proposition to 
be submitted to the electors of said township, at an 
election to be held and conducted in conformity to the 
provisions of the second section of this act; and if, at 
such election, a majority of the electors shall vote to 
such surrender, then, and not otherwise, said Trustees 
shall consent to the surrender, in manner and form as 
herein provided. 

Sec. 11. Any such lessee, on producing to the Au- Same subject, 
ditor of the proper county, within one year after the 
making of the same, a certified copy of such petition 
and appraisement, and confirmation, shall be permitted, 
by endorsement thereon, attested by the Auditor, to 
release to the State of Ohio all his interest, title, and 
claim in and to such lease, for the benefit of the town- 
ship to which the same may belong; which certified 
copy of said record and said release, shall be recorded 
in a book for that purpose to be provided. 

Sec. 12. The purchaser of any such lands, at any Payments to 
Auditor's sale, or the lessee of any such land held un- ".""efc. 1 ""™" 
der such lease, on executing his release, as aforesaid, 
shall each, forthwith, pay to the Treasurer of the* 7 " 
county one-twelfth of the purchase money in the first 
case, and one-twelfth of the valuation in the second, 
and take the Treasurer's receipt therefor; and the Au- 
ditor, on receiving the Treasurer's receipt for said first 
installment, shall give to said purchaser or lessee a cer- 
tificate, containing the name of the purchaser or lessee, 
a description of the premises, the number, amount, and 
time of payment of the subsequent installments, and 
that said purchaser or lessee, their heirs or assigns, on 
the punctual payment of the sums still due, with 



30S 



SALE OF SECTION SIXTEEN. 



Same subject. 



County Auditor 
to report sales 
to Auditor of 

State. 



In case of fail- 
ure of purchaser 
to pay, lands to 
be resold, for 
cash. 



annual interest up to the time of payment, shall be 
entitled to receive a final certificate from such Auditor: 
Provided, that such lessee shall produce to the Auditor 
the certificate of the proper officer, that all rents due 
on such premises have been paid up to the time of sur- 
rendering said lease. 

Sec. 13. Any person wishing to pay any money un- 
der the provisions of this act, in part or full payment 
of any such lands, shall first obtain the certificate of 
the Auditor, of the amount due, or to be paid; and on 
the presentation of the same, the Treasurer is author- 
ized to receive the amount therein specified, and shall 
give to the person paying the same a certificate, directed 
to the Auditor, of the payment of said sum of money; 
and the Auditor, on the presentation of said certificate, 
shall give to such person a receipt therefor, credit him 
with the amount in his books, and charge the Treasurer 
therewith. 

Sec. 14. The county Auditor shall keep an account 
with the county Treasurer, of all sales made, and leases 
surrendered, and moneys paid thereon, by each pur- 
chaser or lessee, and report the same to the Auditor of 
State, on the first day of February, May, August, and 
November, in each and every year; and, from the time 
of such report, the State shall be liable to pay interest 
on all such sums so reported as paid; and the Treasurer 
of State, on receiving a certified copy of the account 
from the Auditor of State, shall be authorized imme- 
diately to draw said money from the county Treasurers. 
Sec. 15. If any such purchaser or lessee shall fail to 
make any payment on any tract of land, for the space 
of twelve months after the time the same shall become 
due and payable, the Auditor of the proper cotmty 
shall forthwith proceed to sell such tract or tracts of 
land, with all the improvements thereon, at the door of 
the court-house, to the highest and best bidder there- 
for, in cash, having first given notice of the time and 
{)lace of such sale, containing a description of the 
ands, and the money due and to become due thereon, 
by publishing the same in some newspaper of general 
circulation in said county, for six consecutive weeks 
before the day of salfe; and on such sale, no bid shall 
be entertained for a sum which will not be sufficient to 
pay all the purchase money due the State, and all 
expenses incident to such sale; and in case said prem- 
ises can not be sold for that amount, they shall revert to 
the State, in trust for said township, and be sold in the 
manner hereinbefore provided for the sale of such lands 



SALE OF SECTION SIXTEEN. 



30$ 



not under permanent leases, or leases for ninety-nine 
years. 

Sec 16. When said lands sell as aforesaid, the pur- Purchaser to re- 
chaser shall pay to the Treasurer of the county the ceive certificate, 
amount so bid for the said premises; and on producing 
to the Auditor the Treasurer's receipt for such pay- 
ment, the Auditor shall give him a final certificate, 
stating the fact of such sale, the name of the pur- 
chaser, the description of the lands sold, the amount 
for which sold, the payment of the same, and that the 
purchaser is entitled to receive, from the State of Ohio, 
a deed in fee simple for the same, on producing to the 
proper officer this certificate. 

Sec 17. When any purchaser or lessee, their heirs Final certifi- 
er assignees, shall have made payment in full, the cate ' 
Auditor shall give to such person a final certificate, con- 
taining, in addition to the former one, the fact of the 
payment in full, and that said person is entitled to 
receive from the State of Ohio, a deed in fee simple for 
said premises, on the presentation of this certificate to 
the proper officer or officers. 

Sec 18. The Auditor of State, upon the filing of Deed from the 
any such final certificate in his office, shall make out State# 
the draft for a deed therefor, and deliver the same, with 
such final certificate, to the Governor of the State, who 
shall sign said deed, and cause the same to be sealed 
with the great seal of the State, and countersigned and 
recorded by the Secretary of State, and by him deliv- 
ered to the grantee, on demand. 

Sec. 19. All excess of moneys made on any sale of Excess of mon- 
delinquent lands as aforesaid, after paying all sums ey ' 
due, interest and costs, shall be paid, on demand, to 
such delinquent owner, his heirs or assigns, from the 
county treasury, on the order of the Auditor, if such 
demand be made within one year from the time of such 
sale; and if not so demanded, it shall be paid into the 
State treasury; and, unless the same shall be demanded 
within one year after the same shall have been paid 
into the State treasury, it shall be applied for the same 
uses as the lands are subject to. 

Sec 20. The fees for services under this act shall 
be as follows: The Court shall tax such fees on any 
petition filed in the same, as are allowed for similar 
services on proceedings in chancery. The county 
Auditor to be allowed one dollar and fifty cents on 
each sale made by him; for each certificate, fifty cents; 
for each receipt, six cents, to be paid by the purchaser, 
and the same fees for recording as is allowed to county 
Recorders, to be paid out of the first moneys paid in as 



how 
posed of. 



Fees. 



310 



SALE OF SECTION SIXTEEN. 



interest or rents, on such sale or surrender. All print- 
ers' fees for advertising, shall be paid out of the county 
treasury, on the order of the Auditor, and refunded 
out of the first moneys received on such sale, as inter- 
est or rents. The cost in Court shall, in case of a peti- 
tion by the Trustees, be paid out of the county treas- 
ury, on the order of the county Auditor, and refunded 
out of the first moneys received from the sale, as inter- 
est or rents; in case of a lessee being petitioner, all 
costs shall be paid by him. 

Acts repealed. Sec. 21. The act entitled "an act to provide for the 

sale of section sixteen, granted by Congress for the use 
of schools," passed January 29, 1827; the act entitled 

Chase, 1552. "an act to extend the time of payment to purchasers 
of school lands in this State," passed January 3, 1843; 

41 v. Stat. 4. the act entitled " an act to regulate the sale of minis- 
terial and school lands, and the surrender of permanent 
leases thereto," passed February 2, 1843; the act enti- 

41 t. Stat. 20. tied "an act to amend an act entitled an act to extend 

the time of payment to purchasers of school lands in 
this State," passed March 6, 1844; the act entitled 

42 r. stat. 39. "an act to amend the act to regulate the sale of minis- 

terial and school lands, and the surrender of perma- 
nent leases thereto, passed February 2, 1843," passed 

42 v.stat. 43. March 12, 1844; the act entitled "an act to fix the 

minimum price of the sales of school lands," passed 

43 v. stat. 58. March 4, 1845; and the act entitled "an act to amend 

an act entitled an act to extend the time of payment to 
purchasers of school lands in this State, and an act 
amendatory thereto," passed February 1, 1847, be, 
45 v. stat. 2i. and the same are hereby repealed: Provided, such 
repeal shall not impair, or in any manner affect any 
rights or interests acquired under any of said acts.* 
James C. Johnson, 
SjJeaker of the House of Representatives. 
William Medill, 

President of the Senate. 



*An act to provide for the appointment of Register of the Virginia 
Military School Lands, was passed February 23, 1852, 50 v. Stat. 1U8. 
As to the sale of Western Reserve School Lands, see 4G v. Stat, 38; 47 
v. Local Laws, 232; 48 v. Stat 53. 



SALE OF SECTION SIXTEEN. 311 



CHAPTER XVII 



An Act to confirm sales made by the Trustees of the civil town- 
ships of section sixteen, and other lands granted by 
Congress iu lieu thereof, to purchasers. 

[Passed April 5, 1856, LIII vol. Stat.—.] 

Whereas, in many counties of the State of Ohio, Preamble, 
through misapprehension of an act entitled "an act to 
regulate the sale of ministerial and school lands, and 
the surrender of permanent leases thereto," passed Feb- 
ruary 2, 1843; also of an act entitled "an act to regu- 
late the sale of school lands and the surrender of per- 
manent leases thereto," passed April 16, 1852, the 
Trustees of the civil townships have sold section 
sixteen to various purchasers, who have purchased 
said lands in good faith, have paid the purchase money 
and taken possession of said lands, and in many in- 
stances made large improvements on the same; there- 
fore, in order to cure the defects in the titles of such 
purchasers to such lands, and to quiet them in the 
possession thereof, 

Sec. 1 . Be it enacted by the General Assembly of the Title confirmed. 
State of Ohio, That such sales of section sixteen in 
the original surveyed townships or fractional town^ 
ships, and all sales of land granted by the Congress of 
the United States in lieu of said section sixteen, which 
have been made otherwise in conformity with the pro- 
visions of the acts recited in the foregoing preamble 
be, and the same are hereby confirmed; and such pur- 
chasers and their assignees and heirs at law shall hold 
the purchases so by them made, by a title as good and 
valid as though the proceedings for such sale had been 
instituted by the Trustees of the original surveyed or 
fractional townships. 

N. H. Van Vorhes, 
Speaker of the House of Representatives. 

Thomas H. Ford, 

President of the Senate. 



312 



SCHOOL FUNDS. 



CHAPTER XVIII. 



SCHOOL FUNDS. 



An Act to establish a fund for the support of common schools. 

[Passed March 2, 1831. Took effect, June 1, 1831. XXIX vol. 
Stat. 423.] 



Fund establish- 
ed, etc. 



Auditor of State 
the Superin- 
tendent; 



— And how to 
keep account of 
funds from sale 
of school lands; 



-Irreducible; 



— Rate of inter- 
est and account 
thereof; 



Sec. 1. Be it enacted by the General Assembly of the 
State of Ohio, That there is hereby constituted and 
established a fund, to be designated by the name of 
"the common school fund;" the income of which 
shall be appropriated to the support of common 
schools in the State of Ohio, in such manner as shall 
be pointed out by law; of which fund the Auditor of 
State shall be the Superintendent, until otherwise di- 
rected by law. 

Sec. 2. That whenever, and so often, as any moneys 
shall be paid into the State treasury, arising from the 
sale of any lands which heretofore have been, or here- 
after may be, appropriated by Congress, for the use or 
support of schools in any original surveyed township, 
or other district of country, in this State, the Auditor 
of State shall forthwith open an account, in a book or 
books to be provided for that purpose, and shall pass 
the said moneys to the credit of such township, or 
other district of country; which said money shall con- 
stitute an irreducible fund, the proceeds accruing from 
which shall be paid over and appropriated, in the 
manner which shall be pointed out by law, for the 
support of common schools within the township, or 
other district of country, to and for no other use or 
purpose whatever. 

Sec. 3. That all moneys paid into the State treasury 
as aforesaid, shall bear an annual interest of six per 
centum; which interest shall be cast from the time of 
the payment of any principal sum, up to the first day 



SCnOOL FUNDS. 



— Pledge for its 
payment; 



— Its appropri- 
ation; 



— Order therefor 
and payment; 



of January, next succeeding such payment, and on the 
first day of January, annually, thereafter; and where 
the same has not been done, the Auditor of State 
shall, in a book or books to be provided for that pur- 
pose, open an interest account with every township, or 
other district of country, to which a credit in the irre- 
ducible fund aforesaid shall have been passed; and he 
shall, in such book or books, keep accurate accounts 
of the accrual and disbursement of all interest accru- 
ing from such fund, so as aforesaid belonging to any 
township or district of country; and the faith of the 
State of Ohio is hereby pledged for the annual pay- 
ment of the interest aforesaid, to the person who, and 
in the manner which, shall be pointed out by law; 
which said interest shall be appropriated and expended 
for the support and maintenance of common schools 
within the township, or other district of country, 
entitled as aforesaid to the same. 

Sec. 4. That for the payment of any interest that 
shall have accrued, and be payable to and for any 
township, or other district of country as aforesaid, the 
county Auditor of the proper county shall, annually, 
on or after the first day of January, draw an order on 
the Treasurer of State, in favor of the Treasurer of the 
proper county, for the interest which shall be payable 
in such county; and upon such order being presented 
to the Auditor of State, he shall thereupon certify an 
abstract of the amount of interest payable to each 
township, or other district of country, in such county; —Receipt, etc. 
and thereupon, on presentation of said order, the 
Treasurer of State shall pay the amount of interest ap- 
pearing by said abstract to be due; and the said county 
Treasurer, or the person presenting said order for him, 
shall indorse on said order a receipt for so much as 
shall be paid thereon, and shall also sign a duplicate 
receipt, which shall be lodged with the Auditor of 
State, who shall credit the State Treasurer therewith, 
and charge the several items constituting the aggregate 
of such abstract, to the proper township, or other dis- —Distribution, 
trict of country; and the money so drawn, shall be 
paid out by the county Treasurer, on the order of the 
county Auditor, in the proportions established by law, 
to the proper person or persons in each school district 
authorized to receive the same. And in all cases in 
which a county line shall divide any original surveyed 
township, or fractional part thereof, the interest, pay- 
able in such township; shall be received and disbursed 
in manner aforesaid, by the Treasurer of the county 
wherein the greatest quantity of land belonging to 



314 



SCHOOL FUNDS. 



Donations and 
bequests to vest 
in common 
school funds, 
etc. 



General fund es- 
tablished. 



Of what to con- 
sist. 



State pledged 
for the interest. 



Interest funded 
until 1835. 



How distributed 
afterward. 



such township shall be situate; but if it be uncertain 
in which county the greatest quantity of land in such 
township be situate, then the said interest shall be re- 
ceived and disbursed by the Treasurer of the oldest 
county in which any part of such township shall be 
situate. 

Sec. 5. That whenever any donation or devise shall 
be made, by gift, grant, last will and testament, or 
in any other manner whatever, of any estate, either 
real, personal, or mixed, to the State of Ohio, or to 
any person, or otherwise, in trust for the said common 
school fund, by any individual, body politic or corporate, 
the same shall be vested in said common school fund; 
and whenever the moneys arising from such gift, 
grant, or devise, shall be paid into the State treasury, 
the proper accounts thereof shall be kept, and the 
interest accruing therefrom shall be appropriated ac- 
cording to the intent and design of such donor, grantor, 
or devisor. 

Sec. 6. That there shall be constituted a fund for the 
support of common schools, which shall belong, in 
common, to the people of this State; which shall con- 
sist of the net amount of the money which heretofore 
has been, or hereafter may be, paid into the State 
treasury, from the sales of the lands commonly called 
the salt lands, and such donations, legacies and devises, 
as may be made to such fund, or to any person or per- 
sons, in trust for the same. And the State of Ohio is 
hereby pledged to pay the interest, annually, on any and 
all sums of money which shall have been, or may here- 
after be, paid into such treasury, from the passage of 
this act, or the receipt of such money into the treasury 
aforesaid; and the interest arising as aforesaid, shall be 
funded annually, until the first day of January, in the 
year eighteen hundred and thirty-five; after which time 
the said interest shall be annually distributed to the 
several counties in this State, in proportion to the num- 
ber of white male inhabitants above the age of twenty- 
one years, as by law shall be ascertained, for the 
apportionment of Representatives; and the proportion 
of interest, due to each and every such county, shall 
be distributed for the support of common schools, in 
the respective counties, in the manner prescribed in the 
act to provide for the support and better regulation of 
common schools. 



[The balance of the chapter is probably superseded 
by the act organizing the sinking fund. The provisions 
are retained in Swan's Revised Statutes. 



SCHOOL FUNDS. 



315 



It it also questionable whether the State common 
school fund, organized in section 6, is in existence. If 
so, the act of March 6, 1844, adds to it "all moneys 
arising from licenses to peddlers, all moneys arising 
from auction duties, or licenses to auctioneers, except 
in the county of Hamilton; and all fines and penalties 
collected under the laws relating to each of said funds;" 
but the same act limits the fund, however derived, to 
$200,000. 

The doubt grows out of the language of section 63 
of the General School Act, (chapter i, ante,) namely: 
" The State common school fund shall hereafter consist 
of such sum as will be produced by the annual levy 
and assessment of one mill and one-half mill on the 
grand list of taxable property," etc. The late revisors, 
Swan and Curwen, regard those provisions as yet in 
force, and the repeal is exclusively by implication. 
The following act stands on the same footing:*] 



CHAPTER XIX. 



An Act to increase the general fund for the support of common 

schools, established by the sixth section of the act Uj 

establish a fund for the support of common schools, 

passed March 2, 1851, by the appropriation 

of the proceeds of the swamp lands 

to that fund. 

[Passed March 24, 1849, XLIX vol. Stat. 40.] 

Sec. 1. Be it enacted by the General Assembly of the Proceeds of 
State of Ohio, That the net proceeds which may here- ^ e d 3 g of t s o wam b P 
after be paid into the State treasury, from the sales of added to the 
swamp lands granted to the State of Ohio, by act of 3 mon sch ° o1 
Congress, passed Sept. 28th, 1850, be, and the same is 
hereby appropriated to the general fund for the sup- 
port of common schools; and the State of Ohio is 
hereby pledged to pay the interest, annually, on any 
and all sums of money which may be paid into the 



♦See Swan's Revised Statutes, 853-4. 



316 



SCHOOL FUNDS. 



State treasury, from the sales of said lands, from the 
receipt of such money into the treasury aforesaid; and 
the interest arising as aforesaid, shall be funded annu- 
ally, until the first day of January, in the year eighteen 
hundred and fifty-five; after which time the said inter- 
est shall be annually distributed to the several counties 
in this State, in proportion to the number of white male 
inhabitants above the age of twenty-one, as by law 
shall be ascertained, for the apportionment of Represen- 
tatives; and the proportion of interest due to each and 
every such county, shall be distributed for the support 
of common schools iu the respective counties, in the 
manner prescribed in the "act to provide for the sup- 
port and better regulation of Common Schools." 
John F. Morse, 
Speaker of the House of Representatives. 
Charles C. Convers, 

Speaker of the Senate. 



CHAPTER XX. 



Corporate au- 
thorities of Cin- 
cinnati to pro- 
vide for common 
schools. 



A Board of 

TrusteesandVis- 
itors of Common 
Schools to be 
elected. 



An Act to provide for the maintenance and better regulation of 
common schools in the city of Cincinnati. 

[Passed January 27, 1853, LI vol. Stat. 503.] 

Sec. 1 . Be it enacted by the General Assembly of the 
State of Ohio, That the corporate authorities of the 
city of Cincinnati are hereby authorized and required, 
at the expense of said city, to provide for the support 
and regulation of the common schools of said city, in 
the manner prescribed by the provisions of this act. 

Sec. 2. At every annual election of city officers, 
there shall be elected in each ward of said city, by the 
qualified electors thereof, one judicious and competent 
person to serve as Trustee and Visitor of Common 
Schools of said city, for the term of two years from the 
first Tuesday in July succeeding his election, and until 
his successors shall be elected and qualified; and the 
person so elected, together with the Trustees and Vis- 
itors of the several wards of said city, already elected 



SCnOOL FUNDS. 



31T 



Board to appoint 
officers and fill 
vacancies. 



for two years, and whose term of office will not expire 
at the close of the present school year, shall constitute 
a Board of Education for said city, to be denominated 
the Board of Fund Trustees and Visitors of Common 
Schools. 

Sec. 3. The said Board of Trustees and Visitors 
shall take an oath of office, and, at their first meeting 
in July, choose a President, Vice-President, and Cor- 
responding Secretary; the said Board may appoint and 
fix the salaries of a Superintendent, Clerk, and Mes- 
senger, and prescribe their duties; they shall meet 
once in every week, at such time and place as to them 
may be convenient, a majority of whom shall consti- 
tute a quorum; they shall have power to fill all vacan- 
cies in their own body, and if any Trustee shall absent 
himself from the regular meetings of said Board for six 
consecutive weeks, unless by reason of sickness, or by 
consent of the Board, such non-attendance shall be 
considered a virtual resignation on his part, and the 
Board, upon entering such fact upon its minutes, shall 
proceed to fill such vacancy. They shall also have 
power to make such by-laws, rules, and regulations for 
their own government, not inconsistent with this act, 
and the laws of the State, as they may deem proper 
and expedient, and they shall cause a record of their 
proceedings to be kept in books provided for that 
purpose. 

Sec. 4. That the said Trustees and Visitors shall, f~ r * u to n f xt ^ 
on or before the second Monday of May, annually, school taxes, 
cause to be certified to the city Council of Cincinnati, 
an estimate of the amount necessary to be raised in 
said city, for school purposes, not exceeding two mills 
on the dollar, upon all property in said city valued or 
appraised, and liable and subject to taxation for State 
and county purposes, corporation, school-house, and 
school taxes; and the city Council shall certify the said 
amount so to be raised to the county Auditor, who is 
hereby authorized and directed to place the same on 
the duplicate of taxes for said county, in the same 
manner as township taxes now by law are placed on 
such duplicate, which said school taxes shall be col- 
lected by the county Treasurer of said county, and be 
by him paid into the city treasury on the first day 
of January, annually. 

Sec. 5. That the said Board shall have power to alter J r ou ^^ ^ 
the boundaries of the school districts of said city, and school districts. 
to form new districts when the public convenience 
requires it. 

Sec. 6. That the said Trustees and Visitors shall 



318 



SCHOOL FUNDS. 



Their power as 
to the purchase 
of land, and 
building school- 
houses. 



Interest on 
bonds, how paid. 



Payment of 
bonds to be pro- 
vided for. 

Funds to be ap- 
plied to school 
purposes exclu- 
sively. 



Board to have 
control of school 
fund. 



"have authority to purchase, in fee simple, (subject to 
the confirmation of the Council,) or receive as a dona- 
tion for the use of said city, such additional lots of 
land, or sites for school-houses, as may be required for 
the several districts in said city, and shall, by concur- 
rence of the city Council, cause to be erected thereon 
good and substantial school-houses, of such dimensions 
and capacity as shall be requisite and convenient for 
the use of common schools of said city; the purchase- 
money of said lots, and the expense of erecting build- 
ings thereon, shall be paid out of the common school 
funds provided for in the fourth section of this act; 
and all property so purchased, and all other property 
heretofore purchased for school purposes, shall be 
held exempt from the general debts of said city, and 
only liable for debts contracted for common school 
purposes. 

Sec. 7. That the said Trustees and Visitors shall 
cause to be paid out of the school funds made subject 
to their control by this act, the interest accruing on the 
bonds given by the city for common school purposes, 
and shall provide, by a sinking fund, or otherwise, for 
the final redemption and payment of said bonds, as the 
same shall become due. And all other funds made 
subject to the control of said Board by this act, shall be 
exclusively applied to the maintenance and support of 
the schools hereby provided for, and for no other pur- 
pose whatever. 

Sec. 8. That all moneys heretofore collected for the 
use of common or colored schools, remaining on hand 
and unexpended, in the city treasury, shall be held by 
the city Treasurer, subject to the order of said Board, 
for the payment of bills for school purposes, by them 
allowed, and to be paid out by said Treasurer on the 
check of the city Auditor, and shall be kept on deposit 
where other city funds are deposited; and all such 
moneys, and all other moneys belonging to the com- 
mon school fund, or appropriated in any manner for the 
purpose of public education, paid into the city treasury, 
shall be kept by said Treasurer as a separate and dis- 
tinct fund, and the same shall not be applied, paid 
over, or pledged, under any pretense whatever, to any 
other use than that for which it was levied and col- 
lected, and paid into the city treasury, nor upon any 
other order or authority than that of the Board of Trus- 
tees and Visitors, as certified by their clerk: Provided, 
that no money shall be paid out of the city treasury for 
school purposes, except on a vote of a majority of the 
members of said Board. 



SCHOOL FUNDS. 



319 



Sec. 9. That the said Trustees and Visitors shall 
have superintendence of all the schools in said city, 
organized and established under this act, and from time 
to time shall make such regulations for the government 
and instruction of the children therein as to them shall 
appear proper and expedient. They shall appoint and 
employ all teachers and instructors for the same, and 
fix their salaries. They shall, at least every third year, 
during the month of October, cause to be taken an 
enumeration of all children between four and twenty- 
one years of age, residing in the several school dis- 
tricts, distinguishing, in such enumeration, the white 
from the colored children; and on or before the fif- 
teenth day of November following, through their Clerks, 
certify the same to the Auditor of Hamilton county; 
and such enumeration shall, until another be taken, 
form the basis of the city portion, in the annual distri- 
bution of the State school fund. And the said Board 
of Trustees and Visitors shall fix, by resolution, the 
school year of said schools, and determine the times 
and duration of all the vacations thereof; they shall 
provide for an annual examination of all said schools, 
and, at the close of every school year, make and pub- 
lish, for the information of the citizens, a report on the 
condition of the schools under their charge, as well as 
the fiscal and other concerns in relation thereto, and a 
particular account of the administration thereof, and 
generally do and perform all matters and things per- 
taining to the duties of their said office, which may be 
necessary and proper to promote the education, mor- 
als, and good conduct of the children instructed in said 
schools. 

Sec. 10. That the said Trustees and Visitors, for the 
purpose of better organizing and classifying the schools 
under their supervision, shall have power to establish 
and maintain, out of any fund under their control, such 
grades of schools, other than those already provided 
for, as may to them seem necessary and expedient for 
the above-named purposes, and are hereby authorized 
to cause to be taught therein, such other studies in 
addition to those taught in their district schools, and 
under such regulations as said Trustees and Visitors 
may from time to time prescribe: Provided, however, 
that said funds shall not be appropriated toward the 
establishment and maintenance of such other grade 
of schools so as in any wise to impair the efficiency 
and permanency of the common district schools of said 
city. 

Sec. 11. That it shall be the duty of said Board of 



To superintend 
schools; to make 
all rules and 
regulations. 



To employ 
teachers, and 
every three 
years make an 
enumeration of 
all children be- 
tween 4 and 21 
years of age. 



To make a report 
at the close of 
the school year. 



To establish 
such grades of 
schools as they 
may think prop' 



320 



SCHOOL FUNDS. 



Their power in 
relation to Ger- 
man schools. 



Schools equally 
free and accessi- 
ble to all white 
children. 



Board may es- 
tablish evening 
Schools. 



Board of Exam- 
iners. 



Trustees and Visitors of Common Schools to provide a 
suitable number of German schools for the instruction of 
such youth as may desire to study the German language, 
or the German and English languages together. The 
said Board may, when, in their opinion, the same shall be 
necessary, establish one. or more German-English senior 
or principal departments, the transfers to which shall be 
made irrespective of the districts established for English 
schools, and the schools provided for in this section 
shall be subject to such regulations as said Board may 
adopt for the government thereof, and also subject to 
the proviso contained in the tenth section of this act. 

Sec. 12. That the common schools in the several 
districts of the city, and all other grades of schools 
authorized, or established and maintained, in whole or 
in part, from the school funds of said city, shall, at all 
times, be equally free and accessible to all white chil- 
dren not less than six years of age, who may reside in 
said city, and subject only to such regulations for their 
admission, government, and instruction, as the Trustees 
and Visitors may from time to time provide: Provided, 
that nothing in this act shall be construed so as to inter- 
fere with or interrupt the public high schools in said 
city as now established and organized. 

Sec. 13. The said Trustees and Visitors may provide 
a suitable number of evening schools, during the fall 
and winter months, for the instruction of such youth, 
over ten years of age, as are prevented, by their daily 
avocations, from attending day schools, which schools 
shall be subject to such regulations as said Board may, 
from time to time, adopt. 

Sec. 14. There shall be a Board of Examiners, com- 
posed of seven members; and, at the expiration of the 
respective terms of those now in office, the said Board 
of Trustees and Visitors shall appoint, for the term of 
three years, suitable persons, residents and citizens of 
said city, of competent learning and abilities, as Exam- 
iners of said schools, and of the qualification of teach- 
ers thereof, whjibh Examiners, when organized, by tire 
election of a President, shall' constitute and be denom- 
inated the "Board of Examiners" of common schools 
in Cincinnati, and all vacancies which may occur in 
said Board shall be filled by said Trustees and Visitors. 
It shall be the duty of said Board of Examiners to meet 
at least once in every month, to examine the qualifica- 
tions, competency, and moral character of all persons 
desirous of becoming teachers and instructors in said 
schools, as well with reference to their methods of in- 
struction and mode of government as literary attain- 



SCHOOL FUNDS. 



321 



ments; and any four members of said Board shall have 
power to grant certificates thereof to such persons as, 
in their opinion, shall be entitled to receive the same; 
and no person shall be employed and paid, directly or 
indirectly, as teacher or instructor in any of said schools, 
until he or she shall have obtained from said Board of 
Examiners a certificate of qualifications as to his or her 
competency and moral character. 

Sec. 15. And the said Board of Trustees and Visi- How Trustees 

... - and Visitors 

tors shall have power to contract tor the sale ot any may sen school 
real estate held by said city for school purposes, which P r °P ert y' 
they may deem unsuitable for such purpose, and upon 
their certifying such fact to the city Council; and, if 
said city Council approve such sale, they shall direct 
the proper city officers to execute, on behalf of said 
city, a good and sufficient deed for the property so con- 
tracted to be sold, and the proceeds of such sale shall 
be placed to the credit of the school funds. 

Sec. 16. All fines and penalties 
or collected under the provisions 

tax on sales at auction, and all fines collected under the P°ses. 
city ordinances not appropriated by law, are hereby 
appropriated to the use, benefit, and support of the 
common schools in the city of Cincinnati; and it is 
hereby made the duty of the Treasurer of Hamilton 
county and the Mayor of said city, to pay the same into 
the city treasury, for school purposes. 

Sec. 17.* [The property of all colored persons in 
said city shall be listed and taxed for school purposes 



s that may be received Certain fines, 

/. , , • etc., expended 

ot any law levying a for scn0 oi P ur- 



* Section 17, in the act of January 27, 1853, was as follows: 

"Sec. 17. The property of all colored persons in said city shall be Schools for ool- 
listed and taxed for school purposes in the same manner as the property ored children. 
<f other persons, and separate schools shall be established for the edu- 
cation of the colored children of said city, in such districts as the Board 
of Trustees and Visitors of Common Schools shall select for that purpose. 
The school so established shall be under the management and control of 
«aid Board, and so much of the school funds of said city as, upon an 
equal distribution of the same per capita, under any enumeration required 
by this act, would fall to the share of the colored children of said city, 
Shall be appropriated as a fund, subject to the order of said Board, for 
the support of schools for colored children." 

By an act, passed April 18, 1854, (LII vol. Stat. 49,) the section was 
amended to read as follows: 

"Sec. 17. The property of all colored persons in said city shall be Colored schools to 
listed and taxed for school purposes in the same manner as the property be separate. 
of other persons, and separate schools shall be established for the edu- 
cation of the colored children of said city, in such districts as the Board 
of Trustees and Visitors of Common Schools shall, from time to time, 
establish for that purpose; and the district schools so established, shall 
be conducted umler the control and management of three Directors in 
each of said districts, who shall be elected annually, in the month of 
June, by the said Board of Trustees and Visitors of Common Schools, at 
a regular meeting, from among the colored people resident in such dis- 
tricts respectively, and who shall take an oath of office. Said Directors 
shall hold their office one year, or until their successors shall be elected 
and qualified, and vacancies in their number shall be filled by said Trus- 



21 



322 



SCHOOL FUNDS. 



in the same manner as the property of other persons; 
and the separate schools now established for the educa- 
tion of colored children in said city, in such districts 
as the Board of Trustees and Visitors shall have estab- 
lished, shall continue until changed as hereinafter pro- 
vided; and the district schools so established shall be 
conducted under the control and management of three 
Directors of Col- Directors in each district, who shall be elected annually 

ored Schools. c ,1 • 1 .t • 1 j- a • ^ ■• t 

from among the residents in such districts respectively, 
by the adult colored males resident in such districts, 
at a meeting to be held in each district, on the last 
Monday in June of each year, of which public notice 
of time and place of election shall be given, by the 
Clerk of the Board, for at least one week previous to 
each election, by publication in a newspaper published 
in said city; and said Directors, when elected, shall take 
an oath of office, and shall hold their office one year, 
or until their successors shall be elected and qualified; 
and vacancies in their numbers shall be filled by said 
Directors; and they shall have the care and manage- 
ment of the schools and school property of their 
respective districts, appoint teachers, and regulate 
their salaries, regulate the course of studies and text- 
books, fix and determine the times and duration of such 
schools, and the vacations thereof, provide suitable 
accommodations, furniture, and fuel for their due main- 
tenance, and perform all the duties necessary for keeping 
up such schools, and for the government and instruction 
of the colored children of their respective districts in 



tees and Visitors, and said Directors shall have the care and management 
of the schools and school property of their respective districts, appoint 
teachers, and regulate their salaries, regulate the course of studies and text 
books, fix and determine the times anil duration of such schools, and the 
vacations thereof, provide suitable accommodations, (urniture, and fuel, 
etc., for their due maintenance, and perform all the duties necessary for 
keeping up such schools, and for the government and instruction of the 
colored children of their respective districts in such schools; said Direc- 
Dnty of Directors, tors shall cause a record of their proceedings to be fairly kept in books, 
which they shall provide for that purpose, and transmit to their succes- 
sors; and said Directors shall render accounts monthly, in detail, of all 
their expenditures or liabilities, to the said Board of Trustees and Visit- 
ors of Common Schools, and, if approved by said Board, the same shall 
be paid, upon the order of said Board, out of the fund for colored schools 
provided by this act; and so much of the school funds of said city as, 
upon an equal distribution of the same per capita under any enumera- 
tion required by this act, would fall to the share of the colored children 
of said city, as ascertained by any such enumeration, shall be appropri- 
Board of Trustees ated as a fum '> subject to the order of said Board of Trustees and Visit- 
and Visitors to ors ' f° r the support of said schools for colored children: Provided, that 
control schooi no person shall be employed or paid, directly or indirectly, as teacher 
funds. Proviso. or instructor, in any of said schools, until he or she shall first have 
obtained from the Board of Examiners created by this act, a certificate 
of qualification, as to his or her competency and moral character." 

By an act passed April 8, lfoG, this section was again revised, and ia 
printed above as now in force. Section two of this last amendment de- 
fined the words "colored persons" and "colored children" to meaii 
those who are reputed to be, in whole or in part, of African descent. 



SCHOOL FUNDS. 

said schools. Said Directors shall cause a record of 
their proceedings to be fairly kept, in books which they 
shall provide for that purpose, and transmit to their 
successors; and all powers and duties conferred or im- 
posed upon the Board of Trustees and Visitors of Com- 
mon Schools in said city by sections five, six, seven, 
eight, nine, ten, thirteen, and fifteen, of the act entitled 
" an act to provide for the better regulation of common 
schools in the city of Cincinnati," passed January 14, Dutie s of Coi- 
1853, be and the same is hereby conferred and imposed 
upon said Board of Colored Directors, so far as the same 
are applicable to colored schools; and so much of the 
school funds of said city, as, upon an equal distribution 
of the same per capita, under any enumeration required 
by this act, as would fall to the share of the colored 
children of said city, as ascertained by any such enu- 
meration, shall be appropriated as a fund, subject to the 
order of said Board of Directors, for the support of 
said schools for colored children: Provided, that no 
person shall be employed or paid, directly or indirectly, 
as a teacher or instructor in any of said schools, until 
he or she shall first have obtained from the Board of 
Examiners, created by this act, a certificate of qualifi- 
cation as to his or her competency and moral character. 
The said Board of Directors for Colored Schools shall, 
on or before the second Monday of May, annually cause 
to be certified to the Board of Trustees and Visitors of 
the Common Schools of the city of Cincinnati, an esti- 
mate of the amount necessary for the support of the 
schools under the control of the Board of Directors for 
colored schools; and said Board of Trustees and Vis- Fu "£ / or , Co1 

,,,.,, . . . i r • orec * Schools. 

Uors shall include said estimate, or so much ot it as 
they shall deem necessary, in their annual certificate to 
the city Council of the city of Cincinnati, of the 
amount necessary to be raised for school purposes in 
said city. 

Sec. 18. That the act entitled " an act supplement- Acts repealed. 
ary to an act to increase the number of Trustees and 
Visitors of Common Schools in the city of Cincinnati, 
and for other purposes," passed March 7, 1837, 
passed March 12, 1845; the act entitled "an act to 
authorize the city Council of Cincinnati to levy taxes 
for school purposes," passed February 8, 1847; the 
act entitled " an act to authorize the appointment of 
a Superintendant of Common Schools in Cincinnati, 
and for other purposes," passed March 23, 1850; sec- 
tion one of the act entitled "an act for the better organ- 
ization and classification of the common schools of Cin- 
cinnati and Dayton, and for other purposes," passed 



324 SCHOOL FUNDS. 

February 11, 1845, so far as the same relates to the 
common schools of the city of Cincinnati; and the act 
entitled "an act to authorize the establishment of sep- 
arate schools for the education of colored children, 
and for other purposes," passed February 10, 1849, so 
far as the same relates to schools for colored children 
in the city of Cincinnati, be, and they are hereby 
repealed.* 
whenact to Sec. 19. That this act shall take effect, and be in 
force from and after the 15th day of March, A. D. 
1853. 

James C. Johnson, 
Speaker of the House of Representatives. 
William Medill, 
President of the Senate. 

* The act for the organization of the schools of Cincinnati, is deemed 
of sufficient importance for insertion among the general acts now in 
force. See the laws organizing the following special school districts. 
Columbus, XLVI vol. stat. 151; XLIX vol. 579; Zanesville, XLVI 
vol. 54, XLIX vol. 570; Lancaster, XLVI vol. 199, XLVIII vol. 647; 
Cleveland, XLVI vol. 151. 



take effect. 



AN HISTORICAL REVIEW 



[POPULAR EFFORTS 



FREE EDUCATION IN OHIO; 

WITH 

SKETCHES OP THE CONDITION OF COMMON SCHOOLS 
AT DIFFERENT PERIODS. 



Bt WILLIAM T. COGGESHALL. 



POPULAR MOVEMENTS. 



CHAPTER I. 



FIRST POPULAR MOVEMENTS— EFFORTS OF EPHRAIM 
CUTLER, CALEB ATWATER, AND NATHAN GUILFORD. 

Legislation in Ohio, for Common Schools, has been the 
result, mainly, of local influences, which created a demand, 
more or less general, for the support or advancement of Public 
Education. 

A complete representation of the development of the com- 
mon school system of our State must, therefore, necessarily 
include a fair record of the labors and sacrifices of far-seeing 
men, who awakened public sentiment and directed public 
opinion. 

Republican legislation, to be enduring, must answer public 
demand. It may be somewhat contemplative, but if in too 
large a degree, it is unsafe. To be efficient, it need not express 
the indefinite wish of a majority, but it must represent the 
intelligent will of an influential minority, and be based upon 
principles conducive to public good. 

Though steadily opposed and often overruled by prejudice 
and selfishness, the legitimate necessity of free education for 
all the children of our commonwealth, gradually gained re- 
cognition in Ohio laws, and has now executive fulfillment, 
because no legislative step -forward has been taken, without 

(327) 



328 FIRST POPULAR MOVEMENTS. 

pressing demand, grown out of liberal foresight and well- 
directed energy on the part of a few wisely reflective men. 

The purpose of this article is to sketch the history of the 
popular movements which they led, and indicate the effect of 
those movements upon the legislation elsewhere described in 
this book. 

The school history of our State is distinguished by four 
periods : 

First. Until 1821, when the first General Law was passed. 

Second. Until 1825, when a School Fund by taxation was 
authorized. 

Third. Until 1838, when a State School Fund was created, 
and the law of 1825 revised. 

Fourth. Until 1853, when a State Tax was authorized, and 
the doctrine practically recognized that the property of the State 
should educate the children of the State. 



The settlement of Ohio was by men who had witnessed the 
advantages of common schools. In their local government 
they provided for public instruction. Their influence was 
prominent in the Territorial Legislature, and in 1802, when 
a constitutional Convention for Ohio had been called, Ephraim 
Cutler, son of one of the original founders of the Marietta 
colony, was chiefly instrumental in securing a clause in the 
organic law of our State, which required legislative encour- 
agement of the means of education. 

The first public allusion to education in Ohio, is found in 
an oration by Solomon Drown, at Marietta, in 1789;,* 

The first memorial on behalf of the general interest of public 
schools, read in our Legislature, was proposed in 1816, by 
Rev. Samuel P. Rob-bins, then president of Marietta College. 
It was referred to a committee of three, in the Senate, but was 
not otherwise acted upon. 

In 1817, a committee of the House reported a bill in favor 

* See page 72. 



FIRST POPULAR MOVEMENTS. 329 

of so disposing of lands in the Virginia Military District, as 
to erect a building for, and support, a public seminary. It 
failed to become a law on account of opposition in the Senate. 

Between 1802 and 1820, petitions and memorials respect- 
ing School Lands were urged upon every Legislature , and a 
variety of legislation for their management and disposal was 
had ; but there was no general sentiment upon public schools, 
and there was no general legislation. 

From the days of the Territory, when Arthur St. Clair 
exercised authority in the executive office, up to the period 
just mentioned (1820), our governors, in view of growing 
common school interests in other States, and a few local move- 
ments in their own, strengthened their messages with recom- 
mendations for the promotion of public education ; but having 
less regard for gubernatorial suggestions than for the clamors 
of men who were interested in diverting the proceeds of school 
lands from their legitimate purpose, no practical attention 
was given to the constitutional requirement, by our General 
Assembly. 

As early as 1816, influences in behalf of general education 
proceeded from Cincinnati. They were received with favor 
and were extended by gentlemen in Cleveland and other 
northern towns. Nathan Guilford was their leading spirit. 
He had then a bookstore in Cincinnati. For the purpose of 
advertising his business, and of advocating a few favorite 
theories, he published an almanac. It was edited by "Solo- 
mon Thrifty," and was to the West as important a publica- 
tion as the almanac of " Poor Richard" had been to the East. 
During the seven years in which it was circulated by Mr. Guil- 
ford, the course of popular education was presented to the 
public in all its practical bearings. Every page on which a 
paragraph, a table of statistics, a scrap of poetry, a line of 
satire, or an argument for the increase of knowledge could 
appear, was crowded with matter well calculated to advance 
the common school cause. 

This almanac was not only sold, but was circulated gratui- 
tously, wherever it was known that it would reach inquiring 



330 FIRST POPULAR MOVEMENTS. 

readers. Supported by private correspondence, and occa- 
sionally by a liberal newspaper, it contributed largely to the 
awakening of a public sentiment to which the General Assem- 
bly of 1821-2 deemed a response due.* That body not only 
passed the first law, making provision for the encouragement 
of schools, but it charged a committee of five of its members 
with the duty of considering and reporting upon school wants. 
The little circle of friends of popular education in southern 
Ohio, actively urged its correspondents to secure an expres- 
sion of public sentiment; and numerous petitions were sent to 
the General Assembly, asking for a liberal school system. 
After considering these petitions, the committee of five recom- 
mended a committee of seven Commissioners, to be appointed 
by the Governor, who should be instructed to acquaint them- 
selves with the school systems of other States, and report one 
for Ohio. This recommendation was accepted in January, 
1822, and the Governor appointed a Board of Commissioners, 
in which Caleb Atwater, Rev. James Hoge and Rev. John 
Collins, were the active men. Atwater was directed to pre- 
pare a series of pamphlets, urging the need of increased 
facilities in the State, for the encouragement of education — 
setting forth a plan for the accomplishment of the desired 
purpose, and arguing the advantages of its adoption. These 
pamphlets were accordingly published, and 1500 copies of 
each were circulated. Mr. Atwater devoted his whole time, 
for the greater portion of a year, to the purposes of his com- 
mission, and was never adequately rewarded. It did not hap- 
pen that the system agreed upon by the Commissioners was 
adopted, but Atwater, Hoge and Collins are entitled to grate- 
ful remembrance for what they did toward awakening an 
interest, upon which more was accomplished than they 
deemed it advisable to recommend. Their system was based 
upon that of New York, and made no provision for a general 
school revenue, other than might arise from judicious manage- 
ment of the school lands. 

* See page 122. f See page 131. 



FIRST POPULAR MOVEMENTS. 331 

Nathan Guilford, who had been appointed one of the com- 
missioners because of his well known interest in, and knowl- 
edge of, common schools, refused to co-operate with the 
Board. He deemed their plan inadequate, and addressed a 
letter to the Commissioners, in which he presented the first 
argument ever made at length in Ohio, for a general tax to 
support common schools. This letter was reported to the 
Legislature, and was published by its order. It contended 
ably that the income arising from lands could not be adequate 
to the support of schools ; that the schools should be free, and 
that to render them free a tax ad valorem upon the property 
of the counties was required. 

The following is a significant paragraph, which should be 
remembered in Mr. Guilford's honor. 

" The funds arising from school lands will not be sufficient 
to educate properly one child in ten. It is unnecessary to 
dilate upon the importance and necessity of education in a 
free State. That the mass of the people should be well in- 
formed, and enabled to understand their rights and the 
policy of the government under which they live, is universally 
acknowledged by all enlightened and reflecting men. Public 
intelligence and public morals ought to be the peculiar care 
of every Republic, and as every man is interested and benefited, 
either directly or indirectly, in the political safety, good 
morals, good order, intelligence and social happiness of the 
community of which he is a member, he ought to contribute 
freely to their promotion and support. And the Legislature, 
as the public guardian, has an unquestioned right to compel 
every individual, by a tax, to bear his proportionable share 
of the expense. And if the means are not otherwise pro- 
vided, it becomes the duty of the Legislature to exercise that 
right, and to make such provision that every child of the 
Republic, whether rich or poor, should have an opportunity 
of receiving a common, decent education." 

The Legislature of 1823-4 was timid. The members were 
not convinced that public sentiment demanded taxation for 
school purposes, and nothing was done to promote public 
instruction. The friends of education determined to press" the 
question upon the people. In the campaign of 1824, the cause 
of education was discussed, and several well known friends 



332 POPULAR MOVEMENTS. 

of free schools were elected — Nathan Guilford was chosen a 
senator from Hamilton county, and Ephraim Cutler was elected 
a senator from Washington. These men devoted themselves 
earnestly to the work of convincing a majority of the mem- 
bers that liberal legislation for common schools was required. 
They succeeded in securing a committee,* which agreed to a 
report and a bill, from the pen of Mr. Guilford. The bill 
was in fulfillment of the views Mr. Guilford had expressed in 
his letter of the year previous, and it passed the Senate by a 
vote of twenty-eight to eight, and was accepted by the House, 
without amendment, in a vote of forty-six to twenty-four. 

Mr. Guilford and Mr. Cutler had worked against bitter 
opposition, with private tact rather than public display, and 
when the final vote was taken in the House, they stood side by 
side, intensely anxious concerning the result. They were not 
confident of the support of several of the members, and when 
the Speaker announced that the bill had a majority of twenty- 
two votes, Mr. Cutler turned to Mr. Guilford, and with an 
impressive manner, in subdued tones, said, in the language 
of the Prophet Simeon, 

" — Now, Lord ! lettest thou thy servant depart in peace, according 
to thy word, for mine eyes have seen thy salvation." 

When we remember that Mr. Cutler had been the friend of 
education in the Constitutional Convention, and that Mr. 
Guilford had been the foremost advocate of free schools for 
seven or eight years, we recognize a significance in the scene 
which renders it worthy the pencil of a great painter, f 

For eleven years after the passage of the Act of February, 
1825, no adequate measures were taken to make it generally 
efficient, though almost every Legislature amended or modi- 
fied it. % In Cincinnati, by means chiefly of zealous efforts 
on the part of Nathan Guilford, free schools of good character 
were established. Improvement was secured in the schools 
of Cleveland, Dayton, and one or two other large towns, 

* See page 141. f For the law, see page 142. 

| See, from page 146 to 158. 



POPULAR MOVEMENTS. 333 

as well as in some of the second class villages, but free schools 
were enjoyed nowhere outside of Cincinnati. 

Among the men deserving particular regard in the memo- 
ries of the recipients of the benefits of common schools in 
Ohio — whose names have not appeared in these pages — are, 
Thomas Morris, of Clermont county, for twenty-four years a 
legislator, and during one term a United States' senator, and 
Charles Hammond, from 1816 to 1821 a legislator, and after- 
ward editor of the Cincinnati Gazette. 

In 1828, Mr. Morris, during a speech in the Senate, said: 

" To provide means for the instruction of every citizen, is 
a duty that devolves on those who are called to administer the 
government. This is not only necessary to the safety and cor- 
rect administration of the government, but for the happiness 
of the people. * * * * Let us not either overlook female 
education. * * * * * The instruction and cultivation 
which woman receives, has always been justly viewed as evi- 
dence of the improved state of society, where it exists. * * 
* * * Where female virtue, knowledge and intelligence 
abound, man can never be degraded or a slave." 

In 1829, an institution called the "Academic Institute," 
held regular meetings in Cincinnati for the discussion of ques- 
tions involving the best interests of public education. These 
discussions were led by Albert Picket and Alexander Kin- 
mont, both teachers and benefactors. The objects of the insti- 
tute were regarded with so much favor that its leaders were 
induced to call a general convention of the friends of educa- 
tion in the Mississippi valley in June, 1831. At this Con- 
vention, discussions and addresses were given which com- 
manded public attention, and an association was formed called 
"The Western College of Teachers." The proceedings of the . 
first meeting were published in the "Academic Pioneer," 
edited by Albert Picket, the first educational journal in the 
North West — begun in 1831 and continued about ten years. 

The purpose of the College of Teachers was announced to 
be the promotion, by every laudable means, of the diffu- 
sion of knowledge in regard to education, and especially by 



334 POPULAR MOVEMENTS. 

aiming to elevate the character and profession of Teachers 
to their just intellectual and moral influence on the com- 
munity. 

Albert Picket, Alexander Kinmont, Samuel Lewis, Milo 
G. Williams, Daniel Drake, Edward D. Mansfield, Calvin E. 
Stowe, W. H. McGuffee and John L. Talbott, were the most 
active men of the College, but a large number of the leading 
men of the Mississippi valley were its supporters. Addresses 
were delivered, between 1831 and 1815, not only by those 
whose names have been mentioned, but by T. S. Grimke, O. 
M. Mitchell, Rev. J. L. Wilson, John P. Foote, Joseph Ray, 
James H. Perkins, T. M. Post and others, upon subjects em- 
bracing the general as well as the special relations of educa- 
tion. These addresses were published in six annual volumes. 
They have given the College of Teachers a place in the edu- 
cational history of the West, to which thinking men gratefully 
look, regretting that, as early as 1810, the institution should 
have been suffered to languish, and five years thereafter cease 
to exist. 

Upon the popular educational movement of Ohio, the Col- 
lege of Teachers left abiding influence. Under its auspices 
educational associations were formed in different parts of the 
State, and directly and indirectly, from its influence, was 
awakened a popular interest which very distinctly demanded 
more general and more efficient execution of the law of 1825, 
as it had been amended in 1827-29 and '31.* 

The Legislature of 1835-6, in view of increasing popular 
interest in the cause of education, passed a resolution, intro- 
duced by Liecester King, senator from Trumbull county, on 
behalf of the Committee on Schools and Colleges, to whom 
had been referred a communication from Calvin E. Stowe 
(then a Professor in Lane Seminary at Cincinnati, about to 
visit Europe), authorizing him to inquire into, and report 
upon, the most forward School Systems of the old World. 

The thirty-fifth Legislature (1836-7), understood more nearly 

* See, from page 149 to 159. 



LABORS OF SAMUEL LEWIS, ETC. 335 

what leading school-men required, and what the School Sys- 
tem of the State needed, than some of its immediate prede- 
cessors, and appointed a State School Superintendent. 



CHAPTER II. 

LABORS OF SAMUEL LEWIS, AND THEIR RESULTS. 

Alfred Kelly, representative of Franklin county, introduced 
a resolution instructing the Standing Committee on Schools 
and School Lands, to inquire into the expediency of creating 
the office of Superintendent of Common Schools. William 
B. Van Hook, of Butler county, who was chairman of that 
committee, reported on the 27th of January, 1837, in favor 
of the office, and presented a bill defining the duties of the 
officer. On the 10th of February it passed the House by one 
majority, and on the 22d of March was adopted in the Senate. 
Senator Price, of Hamilton county, proposed Samuel Lewis 
as the State School officer, and on the 30th of March his pro- 
position was accepted by the Senate. The following day it 
passed the House, and Samuel Lewis became the first Super- 
intendent of Common Schools in Ohio, for one year, with a 
salary of $500 per annum. 

A law, authorizing taxation for school purposes, and pro- 
viding for the local management of schools, had been in ope- 
ration eleven years. From 1832, a School Fund had been 
accumulating from the sale of section sixteen ; * it was in- 
creased in 1835 by the income of salt lands ; f and in 1837 
was farther increased by the interest on the surplus revenue 
of the United States ; J and yet, in 1837, there were no free 

* See page 154. i See page 191. \ See page 203. 



336 LABORS OF SAMUEL LEWIS, ETG. 

schools in Ohio, outside of Cincinnati ; and, excepting in 
the larger towns, where private teachers were encouraged, 
but a few schools afforded, even for three or four months in a 
year, instruction in reading, writing and arithmetic. Profes- 
sional teachers, who would accept common schools, could be 
found only in the cities. 

The children of a greater portion of the State, were under 
the instruction, for one, two, three, four or five months in a 
year, of young men who had neither education, experience 
nor pride, adequate to the proper conduct of a primary school. 

The Legislature of 1835-6, in order to gain direct knowl- 
edge of the schools of the State, required County Auditors to 
report to the State Auditor the number of school children in 
each county, with such other information, in reference to 
schools, as might be useful. Only thirty-three Auditors re- 
sponded to that law, and their returns were so meager and 
unreliable as to be altogether unsatisfactory. 

In view of these facts, Mr. Lewis hesitated to accept the 
office of Superintendent, but he was pressingly urged, and 
his reluctance was overcome. He entered upon the discharge 
of his duties with zeal and steady purpose ; and spent the 
spring, summer, and part of the fall of 1837, sending circu- 
lars to County Auditors, traveling on horseback from county 
to county, delivering addresses, talking with school officers, 
visiting schools, and encouraging teachers. He traveled over 
twelve hundred miles, and visited three hundred schools. His 
first report was made in December, 1837. By a resolution 
of the General Assembly, Mr. Lewis read it to the members 
at two evening sessions. It was a clear picture of the deplora- 
ble condition of schools ; an emphatic presentation of public 
sentiment in favor of free education ; an exposition of the 
abuse of school lands, and an earnest appeal in behalf of 
more liberal legislation than had been witnessed in Ohio. 

Mr. Lewis recommended : 
School Libraries ; 

A State School Fund, of $200,000 ; 
Township High Schools ; 



LABORS OF SAMUEL LEWIS, ETC. 337 

Town Boards of Education ; 

Evening Schools in" towns and cities ; 

County Superintendents ; 

A School Journal, to be distributed to school officers gratui- 
tously ; 

Encouragement for the formation of Teachers' Associations ; 

Authority for districts to borrow money to erect school- 
houses ; 

The employment of women as teachers ; 

Full reports from teachers and school officers. 

In support of these recommendations, Mr. Lewis had spoken 
throughout the State with rare eloquence, and as the result of 
his observations, he said to the Legislature: 

"The thousands with whom I have conversed, of all classes 
and in all departments of life, are unanimous, and they represent 
their neighbors as unanimous, in favor of efficient and active 
measures, on the part of the Legislature, for the promotion of 
Common Schools. I have heard of persons and of neighbor- 
hoods, that were said to be opposed to such a course ; but on 
visiting such persons and places, the objections were found to 
"be not against proper legal provision for these schools, but 
against particular details in the law. Complaints against 
defects are often erroneously put down by lookers on, as oppo- 
sition to the law, when in fact the complainers are its most 
ardent friends, and in favor of the most active measures. It 
is one way of making a friend of reform odious, by repre- 
senting his complaints as opposition. I have not found an 
individual that, for himself, objected to the expense, provided 
the schools are made good." * * * * * 

"Whatever I may be compelled to say of the present con- 
dition of schools, they are certainly improving everywhere in 
the State. In many counties, associations are formed of 
teachers and friends of learning, to promote this object ; and 
the education of the masses is a marked feature in all discus- 
sions and reports. Nothing will rally the people more readily 
than the discussion of subjects connected with education. 
Still, leaving Cincinnati for the present out of the question, 
there are but very few places in the State where common 
school instruction proper is furnished approaching near the 
grade we have supposed ; that is, where the means of proper 
instruction are free to all, rich and poor, on equal terms. 
The city of Cleveland has, within a few months, commenced 
22 



338 LABORS OF SAMUEL LEWIS, ETC. 

organizing her free schools on principles which, if carried out 
to the extent demanded in that flourishing place, will dis- 
tinguish her on the list of free school cities ; but even there 
the provision is not half enough, and the schools have from 
fifty to eighty children to the teacher." * * * * 

"In towns and large villages, the common schools are 
poorer than in the country. In the latter, neighborhoods 
depend more on them, and of course take a deeper interest in 
their control ; while in the former there is too frequently but 
little attention paid t© these schools, by persons able to pro- 
vide other means of instruction. Private schools are consid- 
ered the best, and being patronized by the wealthy, create a 
distinction that is ruinous. I am unwilling to repeat the 
remarks, in reference to this point, that I have often heard 
made ; it may be sufficient to say, that in many instances the 
whole tendency is to bring the schools into disrepute, if not 
positive disgrace." # # # # 

" The result is, that so far as common schools proper ex- 
tend, though there are many good schools and good teachers, 
and a great amount of money expended, yet for want of a 
proper system by which the educational labors of the State 
may be concentrated, so as to unite economy with efficiency, 
nothing like proper means of instruction are afforded ; and 
there is left a class, by no means small, who either get no 
learning at all, or get so little and in so defective a manner 
and under so many forbidding circumstances, that it does but 
little if any good." * # # # * 

" Where the schools are kept free in this State, they flourish 
best. In Cincinnati they have marched steadily forward, 
overcoming every difficulty, and the people look upon them 
as the most valuable of their privileges." * * "From 
my knowledge of public opinion in this State, and especially 
of practical men, I have no doubt that four-fifths are in favor 
of this kind of schools, and will heartily approve such measures 
as may be required to establish and sustain them. These 
schools must be made good, we repeat, as well as free. Reason 
on theories as we may, they will never controvert facts and 
experience. These prove that the only way to make free or 
common schools useful, is to make those who support them 
interested therein. The people say, they expect efficient meas- 
ures. They think it a favorable time to revise, improve and 
render permanent the system ; and they desire that early and 
efficient measures may be taken to give general circulation to 
the law, so that they can be early made acquainted with its 
provisions, and conform their action thereto; and though 



LABOKS OF SAMUEL LEWIS, ETC. 339 

they do not expect perfection, they say they can gradually 
overcome the difficulties better than to have frequently to 
change their mode of proceeding." 

The General Assembly to which the School Superintendent 
thus addressed himself, was composed chiefly of good men. 
Among its members were several prominent individuals who 
have since been the public servants of our people in the 
highest places for which our Constitution provides. In the 
Senate were Benjamin F. Wade, David A. Starkweather, and 
Leicester King ; in the House, Seabury Ford, William Medill, 
Nelson Barrere, Alfred Kelly, Otway Curry, James J. Farran, 
William B. Thrall, W. Trevitt, and John A. Foote. 

A disposition to accept the recommendations of Mr. Lewis 
was evident early in the session. His report was favorably 
received by the people, and its characteristics were commended 
by leading newspapers. 

W. B. Yan Hook was chairman of the school committee of 
the House of Representatives. He was a personal friend 
of Mr. Lewis, as well as a public friend of public education ; 
and accepting Mr. Lewis's views as those of a wise and well 
informed man, he reported to the committee a 'bill embodying 
nearly all of his recommendations. That bill was introduced 
to the House on the 5th of February, 1838. It was discussed 
with earnestness and bitterly opposed, but on the 17th of Feb- 
ruary, passed by a vote of 46 yeas to 20 nays. 

When it went to the Senate, important questions were 
raised upon the manner of providing a State School Fund of 
$200,000. The Finance Committee was instructed to report 
upon it, and John H. James of Champaign county, chairman 
of that committee, reported that it must be raised from the 
following sources : 

Interest on the U. S. Deposit Fund, $100,350 

" " Fund from Salt Lands, 2,100 

Tax on Banks, etc., 48,000 

150,450 
To be provided for by general property tax, 50,000 

$200,450 



340 LABORS OF SAMUEL LEWIS, ETC. 

This, it was reported, as the bill then stood, would make 
the school tax 

In Counties, 2 mills, 

For State 1 " 

3 mills, 
Making the burden of taxation, in the aggregate, 8^- mills, 
independent of local taxation. 

This presented a formidable obstacle to the passage of the 
bill, but after slight amendment it passed the Senate on the 
3d of March, by a vote of 21 yeas to 13 nays. The House 
concurred in the Senate amendments, and on the 7th of 
April, 1838, the law was in force.* 

The salary of the Superintendent had been increased to 
$1,200, and his term extended to five years, for which Mr. 
Lewis was elected. Mr. Lewis was Superintendent of Schools 
during the years 1837, 1838 and 1839. 

In 1838 he published six numbers of an official journal 
called " The Ohio School Director," visited a majority of the 
counties of the State, delivered public addresses in nearly every 
county town and in most of the cities, and to the General 
Assembly reported not only upon the condition of the schools 
of the State and their needs, but made an elaborate report in 
answer to resolutions of the previous Legislature, asking in- 
formation upon the propriety, costs, etc., of establishing a 
State Seminary for Teachers at Columbus. These resolutions 
were offered by Mr. Yan Hook, of Butler. It passed on the 
19th of March, 1838. 

The following extracts from Mr. Lewis's Second Annual 
Report, give a sketch of his labors in 1838, and a just picture 
of the schools in that year, as well as a clear representation 

* On page 158, a paragraph fails to do justice to this law. It ought to 
have been there published. It was not a mere revision of previous laws, 
but comprised important new features, as the statement of Mr. Lewis's 
recommendations, which were adopted, shows. It would be published 
here in full, but from the fact, that the chapter on the laws, from 1831 to 
1851, beginning page 187, contains its chief points. 



LABORS OF SAMUEL LEWIS, ETC. 341 

of what he conceived to be the public sentiment respecting 
free education. 

" As the law was in some of its provisions entirely new, 
and many inquiries were made on the subject, it was generally 
desired that public addresses should be delivered, which was 
done in most of the counties through which I passed. Op- 
portunity was afforded me of conversing with different school 
officers and citizens, as well as visiting a great number of 
schools, where I could not only observe what was doing, and 
upon what principles, but also the general state of education 
throughout our country. * * * * * * These labors, 
with the various other duties of the department, have occu- 
pied all my time, and have enabled me, I think, to under- 
stand the condition of schools in the several counties, and 
what further is required to supply the demand, and comply 
with the wishes of the people. ********* 
* * From all the information thus derived, I have no doubt 
that a large majority of the people are in favor of, and compara- 
tively but few opposed to, the present law. But time enough 
has not elapsed to enable the warmest friends to have wit- 
nessed the full operation of the present system ; it is new, and 
aims at reducing to order, harmony and usefulness, a depart- 
ment admitted by all to have had neither order nor harmony, 
and comparatively but little usefulness. It was with two- 
thirds of those who were active, a new work, and in many 
places an arduous one ; the duties, in many cases, being left 
to be performed by officers elected for other purposes. Though 
the law was in force from the first of April, yet, as it continued 
the former directors in office, they were almost uniformly 
governed by the old law, and were so in fact from necessity, 
as in four-fifths of the districts they had no funds to allow any 
more than ordinary arrangements to be made." * * * * 

" Hitherto the burdens of the law only have been known, 
and yet, we can not shut our eyes to the facts that meet us 
everywhere, proving beyond cavil, that the year 1838 has 
witnessed a more rapid and extensive development of public 
enterprise and effective action for common schools, than has 
been known at any former period. Letters from county audi- 
tors and other officers, in different parts of the State, furnish 
the most encouraging information and abundant evidence that 
the work is progressing as rapidly as its most ardent friends 
could have expected." * * * 

" Every possible variety is found in the character of the 
teachers, and the kind and manner of instruction. There is 
this encouragement, however, the people are very generally 



342 LABOKS OF SAMUEL LEWIS, ETC. 

convinced of present defects, and seem determined to remedy 
the evils. There are but few places where a teacher can be 
employed, who does not pretty well understand English gram- 
mar and geography, in addition to reading, writing and arith- 
metic. One error still prevails to a ruinous extent ; namely, 
the neglect of cultivating and developing the powers of the 
mind, while every thing is attempted to be done by taxing 
memory with the weight of names and abstractions, allowing 
no play for thought, and exciting no interest whatever in the 
child's mind." #**### 

" It may be said with truth, that Ohio does not (except in 
a few cases) furnish instruction for females, at all adapted to 
their sphere in life, or such as will be likely to elevate their 
views, refine their taste, and cultivate that delicacy of senti- 
ment and propriety of conduct, which the good of the country, 
no less than their own happiness, requires." 
# *## #### 

" In a large part of our county towns, votes have, within a 
few months, been taken to raise from $3,000 to $6,000 for 
school-houses, and in other places measures are in progress 
to determine on the proper plan preparatory to action. In 
the country districts, too, this work is progressing. In many 
places where efforts have been made for years, heretofore 
unsuccessfully, votes, this year, have been taken with great 
unanimity. Nothing is hazarded in saying, that at least one 
thousand school-houses have been built, and are now building, 
under the new law ; mostly brick or frame, and many of them 
of a superior kind, exhibiting good taste and ample accom- 
modation. 

"Individuals are sometimes loud in their opposition, but 
when the questions are tested by popular votes the measures 
are carried by overwhelming majorities." 

"It is proper to notice particularly the school system 
adopted in Cincinnati. That city is laid out into districts 
containing a large number of children in each ; houses are 
built in the several districts large enough to contain three 
hundred scholars and upward: there are male and female 
teachers in each house, and classing is adopted to a consider- 
able extent. All the English branches are taught that are 
usual in our best English schools, and without drawing in- 
vidious distinctions, it may be said that, as a class of schools, 
they are good. The rich and poor send their children, and 
though there are many private schools in the city, they create 
no division of feeling or interest. The officers are very care- 



LABORS OF SAMUEL LEWIS, ETC. 343 

fill in their supervision, as, indeed, the public require thern to 
be. The increase of funds provided last winter enables them 
to extend their labors, and every year increases the interest 
felt by the people in these institutions ; they are, in fact, the 
peculiar favorites of the whole community. Cleveland has, 
during the last year, extended her system as nearly on the 
same plan as she can without large buildings. Steubenville, 
Warren, Newark, Portsmouth, Dayton, Chillicothe, Lebanon, 
and many other towns, have already voted the money for erect- 
ing houses of the same kind, and some even more commodi- 
ous. Some towms are peculiary situated, and should have 
special regulations for their government, among which is 
Zanesville." ###### 

" For the first time in our State has the law required the 
schools to be free, or furnished the means to defray the ex- 
pense, and even yet, the directors are hardly willing to risk 
the employment of teachers, because they do not know the 
amount coming to them ; and yet it is a principle so entirely 
new, that, while they almost unanimously approve of it, they 
are doubtful of the result. The year 1839 will, I am confi- 
dent, dissipate their doubts, and thenceforth they will never 
suffer the support of these schools to be withdrawn. The 
direct benefits of the present law have not yet begun to be 
felt " * * * * ' * * 

" There are some townships that have the means and a desire 
of establishing central township schools or academies, and in 
most of our townships the youth over twelve years of age 
could with convenience attend such a school. The number 
of townships now prepared for this measure is small but will 
be increasing." #*##.* 

"The people have not heretofore followed any particular 
system. The directors of each district have done that which 
was right in their own eyes, and generally adopted, as far as 
they could, the particular system of the State from whence 
they came. There was not enough energy in the law to cre- 
ate much action or interest ; and, what the law was, did not 
so much concern them, nor was it scanned critically by any 
one, or at least, but by few. Now every man is interested, 
and every man is more or less active in examining the law 
with scrutiny. They are but just beginning the work under 
it. Actual experience proves, that it has roused the whole 
State on the subject of education, and has produced, and is 
producing, inquiry and action on the part of the people a hun- 
dred fold beyond any former period. The pleasing and en- 
couraging part of this activity is, that it is all progressive, it 



344 LABORS OF SAMUEL LEWIS, ETC. 

nowhere goes back ; it is in extension of popular rights and 
privileges ; the people, in the exercise of the powers conferred 
on them, build school-houses and sustain all other measures 
required, in full expectation that they are now to have free 
schools provided by the law for the education of all their 
children. *##*## 

" It is the almost unanimous wish of the people that no 
amendment should be made affecting any essential principle 
or practice. Stability is now greatly needed, and to introduce 
material changes, would be going back and beginning anew." 

Mr. Lewis's report on a State University, contained much 
that is of interest to all who desire to form a conception of 
what our schools have been. "We subjoin several extracts. 
It answered the first action in the General Assembly, which 
contemplated a State School for the practical instruction of 
those designing to teach ; and Mr. Lewis not only argued with 
force the need of schools to teach the art of teaching, but he 
suggested Teachers' Institutes, and stating what common 
schools ought to be, very nearly described the graded schools 
now popular in the towns and cities of Ohio. 

"The general representation of persons in every county, 
proves that there is not a sufficient number of teachers to 
answer the demand of the twelve thousand schools required 
to be taught ; and we include now all that teach or desire to 
teach, good and bad ; if the examiners could see any prospect 
of procuring good teachers, they would reject one-third of the 
number that now receive certificates, but they are compelled 
to give men and women certificates of qualification against 
their own judgment, because, if they are rigid, the districts 
must go without schools. Directors, too, are compelled to em- 
ploy teachers having the lowest class of certificates, because 
they can not get such as they wish. 

" There are in this State a large number of teachers, both 
male and female, that are well qualified. In general, the 
females are better qualified than the males ; but the number 
of those of either sex that are well qualified, bears no pro- 
portion to the number required. If reliance can be placed 
on the accounts we receive (and there can not, it is believed, 
be any doubt of their correctness), not more than one half of 
those engaged in teaching are even tolerably qualified for the 
business. On this point a great variety of evidence could be 
produced, but the statement will be admitted, because almost 



LABORS OF SAMUEL LEWIS, ETC. 345 

every man, from his own observation, knows it to be true. 
At the present time, incompetent teachers are doing more 
harm to the cause of education, and more effectually hinder- 
ing the introduction of good schools, on a good system, than 
all other influences put together. It is not uncommon to find 
teachers complaining of a law that requires them to keep 
records and make quarterly reports, simply because they have 
not sufficient business knowledge to perform the work. Those 
who despair of perfecting our school system, urge the defective 
character of teachers, as the strongest evidence to sustain their 
views, alleging that we have no sufficient mode of securing a 
better class of teachers, without which the character and use- 
fulness of the schools can not be elevated to the rank that the 
majority of the community aspire to." * * * 

"Poor teachers, and penurious men, are ever averse to rais- 
ing the standard of education ; and they labor hard to create 
an impression that the rights of the people are infringed by 
requiring teachers to possess certain qualifications before they 
can draw public money, for services in this department." 

Arrangements had been made by the Directory of the Col- 
lege of Teachers for a State Educational Convention at Colum- 
bus in 1837, but the first convention, at which the different 
sections of the State were represented, was held under the 
auspices of the College in December, 1838. Mr. Lewis, in 
his addresses, had urged upon teachers and school officers the 
necessity of attending the convention, and had published earn- 
est appeals for it in the School Director. Between eighty and 
ninety delegates were present. "Wilson Shannon, then Gov- 
ernor, was elected President, and Milo G. Williams first Vice 
President. Addresses were delivered by D. Pearce, then Presi- 
dent of Western Reserve College ; W. H. McGuffey (who had 
accompanied Mr. Lewis, during the autumn of 1838, and de- 
livered lectures in several northern counties), and Calvin E. 
Stowe. Discussions were had upon important resolutions, in 
which leading educational men from different parts of the 
State engaged. These resolutions, vigorously indorsed Mr. 
Lewis as State Superintendent, recommended Normal Schools, 
urged the cultivation of Music in the common schools, and 
appealed to the people for earnest support of the school law. 

The Convention, conducted as it was by the men of most 



316 LABORS OF SAMUEL LEWIS, ETC. 

prominence at that time, in colleges and schools, had decided 
influence, but the election for the General Assembly had 
already taken place, and several men of known hostility to 
the school law had been chosen. Early in the session of 
1838-9, efforts were made to destroy, in a considerable degree, 
the efficiency of the school system. 

A semi-monthly paper, entitled the Pestalozzian, by E. L. 
Sawtell and H. K. Smith, started in April, 1838, at Akron, 
Summit county, had ably supported Mr. Lewis and the school 
system. Conventions had been held in a number of counties, 
which resolved against any decided change, and under those 
influences, men had been elected who did not fear to declare 
a determination to resist any measures which would retard 
school progress. Mr. Lewis knew that there was to be a 
warm contest, and he devoted himself night and day to the 
task of saving the law. 

The School Committee consisted, in the House, of J. E. 
Hanna of Morgan, Erastus Chester of Ashtabula, Leverett 
Johnson of Cuyahoga, Elisha Garrett of Portage, Israel Brown 
of Hamilton ; in the Senate, of Simeon Fuller of Cuyahoga, 
Aaron Harlan of Green, and Benjamin F. Wade of Ash- 
tabula. 

On the 12th of December, 1838, Mr. Johnson, representa- 
tive of Stark, offered a resolution to abolish the office of Su- 
perintendent, reduce the county tax to one mill, and make 
the duties of School Directors less onerous. The resolution 
was laid on the table. 

Petitions to repeal the law, forwarded from a small number 
of counties, had been referred to the Standing committee in 
the House. Mr. Hanna, from that committee, reported against 
the prayer of the petitioners ; argued that education should 
be furnished by the State ; that a Superintendent was indis- 
pensable, and hoped the law would only be amended so as to 
give German pupils an opportunity to attend schools taught 
in their own language. 

Mr. Spangler, senator from Fairfield and Hocking, moved 
to abolish the office of Superintendent. John H. James of 



LABORS OF SAMUEL LEWIS, ETC. 347 

Champaign, moved to lay the resolution on the table ; which 
was lost, and the question on the motion to abolish it, was 
lost, nays 24, yeas 8. 

In the House, a motion to abolish the office of Superintend- 
ent, was lost by a vote of 29 yeas to 34 nays. A motion by Mr. 
Milliken of Butler, to destroy the State School Fund, was lost 
by a large majority; and the vote, on a motion by John 
Brough of Fairfield, to release township superintendents, 
failed, 33 to 37. A motion by Mr. Johnson of Stark, to 
make the Auditor of State, School Superintendent, was lost 
by a vote of 33 to 36 ; but a motion by the same gentleman 
to reduce the county tax to one mill, was carried in the House, 
43 to 19. Attempts were made repeatedly to postpone all 
further action, but the friends of the school system were firm, 
and when the General Assembly adjourned, the school law 
stood as passed the year previous, excepting, that the School 
Director was suspended; County Commissioners were allowed 
to reduce the county tax to one mill, and were authorized to 
excuse township clerks from acting as school superintendents ; 
but evening schools in towns were provided for ; equal privi- 
leges secured to all white youth, and the borrowing money for 
the building of school-houses, ordered to be paid by taxation. 

The law of 1838, as amended in 1839, contained all of the 
important recommendations urged by Mr. Lewis, excepting 
township libraries and county superintendents. 

The Superintendent's health had been impaired by severe 
exposure and arduous labor, and he was obliged to announce 
that he could not canvass the State in 1839 as he had in 1838. 
He immediately addressed circulars to county auditors, an- 
nouncing the changes in the school law, and appealed to 
county commissioners not to reduce the tax. 

During 1839, he delivered not more than half a dozen pub- 
lic addresses, but he discussed important questions bearing 
upon the practical advantages of education, and the means 
by which they were to be secured, in a series of model circu- 
lars, which were widely published in the city and county 
newspapers. His arguments in defense of the school law 



34:8 LABORS OF SAMUEL LEWIS, ETC. 

were clear and cogent ; and his appeals to the people, based 
upon interests which they could see and appreciate, had per- 
manent influence. 

A monthly paper called the " Common School Advocate," 
was published at Cincinnati. More educational conventions 
were held in the different counties than had been before 
known, and the number of educational associations was 
largely increased. 

A State Convention, called by the College of Teachers in 
December, 1839, was more numerously attended than any 
previous one, and was more interesting than any of its prede- 
cessors. Mr. Lewis delivered an address upon the history of 
common schools and their effects upon pecuniary interest. 
W. II. McGuffey lectured upon the influence of private opinion 
on common schools ; Warren Jenkins, upon the school laws 
of Ohio; and Milo G. Williams, upon "Cabinets of natural 
science in common schools." 

Governor Shannon, appreciating what was being done for 
common schools, deprecated any radical change in the law,* 
but the opposition which had been manifested in the Legisla- 
ture of the previous winter, had accumulated during the sum- 
mer and fall, notwithstanding increased school interest in 
many counties. This opposition, as Mr. Lewis said in one 
of his circulars, sprang, for the most part, from men who had 
not read the law, or who had studied it in order to misrepre- 
sent its features. But it had opponents also among school 
officers who were unwilling to discharge the duties imposed 
upon them, and among school teachers who were incompetent 
to meet its requirements. The General Assembly had in it 
a majority which represented opposition to important features 
of the school system. 

Mr. Lewis presented his third annual report, on the 24th 
of December, and resigned his office. It was not as elaborate 
as either of the previous documents from the school depart- 
ment, but was able and interesting. 

* See page 168. 



LAB0ES OF SAMUEL LEWIS, ETC. 349 

So much of it as relates to the labors of the Superintendent, 
and the condition and prospects of the schools, is subjoined : 

" It has heretofore been a reproach to our State, that suffi- 
cient provision was not made for the education of the poor, 
and it was, as late as last winter, declared, that such pro- 
vision was not even then made." * * * * 

"In a considerable part of the State, the funds allow a free 
school to be taught, for all the youth, from four to nine 
months in the year, and where there is a deficiency, it is paid 
by those who are able." * * * 

" Whatever we may find to cause regret to the patriot or 
Christian, by reason of deficiency in quantity and quality of 
education, or whatever difficulties may exist in particular cases, 
there is nothing more evident than that a general increase 
and improvement exist in this department. This is not con- 
fined to any one class of schools, but extends to all ; there is 
more attention paid to the character and competency of the 
teacher — more disposition to encourage good teachers, by 
allowing reasonable salaries ; the number of schools is in- 
creased, and they are kept open longer than formerly. The 
standard of education is raised for common schools, in almost 
every county of the State, and where opposition is rife, atten- 
tion is awakened and improvement goes on in the most im- 
portant work of education among the people. This is pro- 
ducing its natural consequences. Academies are coming 
forward, of an improved character, both in morals and litera- 
ture, and beyond them still, all our colleges are in a more 
prosperous condition than at any former period." * * * 

" There are occasionally two or more teachers in the same 
school, and sometimes one teacher teaches the district school 
in two districts at different periods, so that the number of 
teachers often varies from the number of schools for these 
different reasons. The number of male teachers, in the aggre- 
gate, exceeds that of the females. In the northern counties, 
the schools, to say the least, are as good as in any counties in 
the State; and their practice is, to employ females for teach- 
ing the small children." ***** 

"In 691 townships, 731 school-houses have been built, this 
year, at a cost of $148,959, being $504 each ; and if we sup- 
pose that as many have been erected in the non-reporting 
townships, it will present evidence of public sentiment and 
public educational enterprise that has no parallel out of Ohio, 
and it proves more than any thing else, what the public feeling 
is on this subject. It is true, some of these houses have cost 



350 LABOES OF SAMUEL LEWIS, ETC. 

bnt little, but we should take into view, that it is harder, ik 
some districts, to expend $20 for a school-house, than in 
others to expend $10,000 ; beside, in many districts, half the 
land is still held by the State or national governments, and 
bears no part of this tax ; and in other places, much of the 
land actually taken up has been entered within five years, 
and is not subject to taxation." * * * * 

'.' I am informed that a large number of school-houses have 
been voted for, the present year, in addition to those re- 
ported." ###### 

"The number of directors reported by the township clerks, 
shows, in some counties, much neglect in holding annual 
school elections. This evil, however, was less in 1839 than 
in 1838. 

" The returns show that the school tax has been reduced, in 
ten counties, one mill, and, in three counties, a half mill, 
leaving the other counties with the tax as fixed by general 
law. In thirty-three counties, one or more townships have 
voted additional school tax." * * 

u The average wages of the teachers, per month, is $13 43. 
But more than two-fifths of the teachers are females, who do 
not receive an average of over $10 per month (though some 
females receive much more). This would leave to the male 
teachers an average pay of $16 per month." 

Opposition was made, in the Legislature, to printing the 
School Report ; but it was overcome, and five thousand copies 
were ordered. Of the second Report, ten thousand copies had 
been printed. 

The Standing committee on Schools, in the House, con- 
sisted of J. S. Rogers of Ashtabula, W. B. Lloyd of Cuyahoga, 
Elihu Johnson of Jackson, J. Purviance of Darke, and W. 
B. Miller of Gallia and Lawrence. In the Senate, of John 
Hough of Ross, Pike the Jackson, Richard Lord of Cuyahoga, 
and William Scott of Guernsey and Monroe counties. 

Henry West of Belmont moved that the Standing com- 
mittee on Schools in the House, be instructed to inquire into 
the expediency of abolishiug the office of Superintendent. 
This motion was agreed to on the 19th of December. The 
committee reported adversely to the resolution of Mr. West, 
and against the petitions to the same purpose, which had been 
referred. 



LABORS OF SAMUEL LEWIS, ETC. 351 

T. "W. Bartley of Richland, on the 21st of January, moved 
to appoint a Select committee of three to report a bill reor- 
ganizing or abolishing the office of School Superintendent. 
The motion prevailed, and a committee, of which Mr. Bartley 
was chairman, was appointed. That committee did not 
report. 

A bill from A. L. Perrill of Pickaway, to accomplish the 
object of Bartley's resolution, was afterward referred to a select 
committee, from which two reports were made. The active 
men on this committee were Mr. Perrill and A. A. Bliss of 
Lorain. Perrill reported favorably, and Mr. Bliss adversely. 
Mr. Perrill's bill was stubbornly discussed and indefinitely 
postponed. The question then turned on Mr. Bliss's bill. It 
was evaded by a variety of parliamentary maneuvers ; motions 
to indefinitely postpone, to reduce the salary to $500, to make 
it $S00, and to reduce it to $1,000, were lost. At length, on 
the 10th of March, it passed, giving the Superintendent $800 
and a clerk, in the Auditor's office, by a vote of 45 to 17. 

When the bill was sent to the Senate, the Standing com- 
mittee, on motion of David Tod of Trumbull, was instructed 
so to amend it as to make the Auditor of State, School Super- 
intendent. On the 17th of March, the bill, amended according 
to instructions, was reported 'back. Mr. Scott, of the Stand- 
ing committee, moved its indefinite postponement; which mo- 
tion was lost, 22 to 8. Mr. McLaughlin of Richland, moved 
to refer the bill to the Judiciary Committee, with instruc- 
tion to abolish the office of superintendent, and vest the power 
he held in township Trustees. That motion was lost, 20 to 10. 
Mr. Vance of Clark, moved that $400 be allowed the Auditor 
for a clerk, which prevailed ; when Mr. Green of Pickaway 
and Licking, moved to strike out Auditor of State and insert 
Secretary of State. The vote on this motion stood, 20 yeas 
to 11 nays. 

On the 18th of March, 1840, the bill as amended passed the 
Senate. The House refused to concur in the Senate amend- 
ments, and committees of conference were appointed. They 
could not agree, and a second conference was held ; meantime 



352 LABORS OF SAMUEL LEWIS, ETC. 

Scott of Monroe and Guernsey, moved that Caleb J. McNulty, 
then Clerk of the Senate, be elected School Superintendent. 
This motion passed the Senate on the 23d of March, by a vote 
of 19 to 9. 

The House refused to act upon the resolution appointing 
McNulty, but accepted the report of the Committee of Confer- 
ence, confirming the action of the Senate, and on the 23d of 
March, the last day of the session, the Secretary of State was 
made School Superintendent, and was voted $400, for the 
purpose of employing a clerk. In all other respects the school 
law was unchanged.* 

Mr. Lewis retired from his office, with the best wishes of 
the friends of education in all parts of the State. For his 
three years' labor he had received no more money than was 
sufficient to defray his expenses, while absent from home, but 
he had saved, by his exposure of abuses in the lease and sale 
of school lands, many thousands of dollars. Because by his 
zealous efforts and judicious advice he had largely advanced 
the educational interests of the State, he was not then denied 
grateful thanks, and as long as common schools are encour- 
aged in Ohio, his memory will be kindly cherished. 

The following statements of the relative importance of the 
Public Schools, during the three years of his superintendent- 
ship, exhibit progress of which he had good reason to be 
justly proud. 



* The names of the men who opposed and actively defended the school 
law in 1838-9 and 1839-40, and the names of the counties they repre- 
sented, have been given, because they indicate where liberal school senti- 
ment was most wanting at that time. 



LABOKS OF SAMUEL LEWIS, ETC 



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23 



354 CONTINUED POPULAR ACTION. 



CHAPTER III. 

CONTINUED POPULAR ACTION, EDUCATIONAL JOUR- 
NALS AND TEACHERS' INSTITUTES. 

From the year 1840 to 1845, the common school interests 
of Ohio were but slightly advanced. Compared with 1839, 
educational enterprise in 1840, was neither active nor wide 
spread, and in 1842 and 1843 there was less accomplished 
than in 1840. Reports from the County Auditors to the 
Secretary of State were meager and unsatisfactory. The Sec- 
retaries did not fail, as State Superintendents, to represent 
the condition of Schools to the General Assembly, and they 
recommended several valuable measures for their improve- 
ment;* but having no personal relations with school officers, 
nor immediate intercourse with teachers or the friends of edu- 
cation, they were unable to keep alive the interest which had 
been awakened by the personal exertions of the Superintend- 
ent in 1839. 

Educational societies, in a few counties, were kept up, and 
opposition to the school law was in a great degree removed in 
others, by the encouragement of schools in which German 
teachers were employed, but there was no pervading pride in, 
or effort for, educational progress. 

The following tabular statement, exhibits more clearly than 
any form of words, the general decline of school interest, if 
thoughtfully compared with the statements that have been 
given for the three years, during which Samuel Lewis, with 
persuasive eloquence, appealed to the people for vital interest 
in free schools. 

* See page 189. 



CONTINUED POPULAR ACTION. 



355 



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4,870 




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76,047 

5,544 

24,239 

25,698 






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61,823 

3,967 

20,503 

23,172 




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137,870 
9,511 
44,742 

48,870 




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29,593 
30,213 
44.226 
33,518 






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56,517 




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1,461 
1,573 
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6,870 
4,266 
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144,631 
112,220 




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12,236 

13,574 
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356 CONTINUED POPULAR ACTION. 

These figures show clearly and forcibly, in view of what 
Samuel Lewis accomplished, the wisdom of those who created 
the office of School Superintendent, and consequently the want 
of foresight displayed by those under whose influence it was 
abolished. Every Secretary of State complained of the extra 
task imposed upon his department, and no one had been able 
to give it due attention. Mr. Galloway, who made the school 
department his special care in 1844 and '45, declared his ina- 
bility to bestow upon it the study and labor which its import- 
ance demanded.* 

A few local efforts were put forth, with good effect in, 1844, 
to re-awaken public interest, but no general movements were 
had, until the fall and winter of 1845. Early in that year, 
the school apathy, apparent in a greater portion of the State, 
became the subject of newspaper paragraphs, and Samuel 
Galloway, then Secretary of State, recognizing the need of a 
school revival, determined to employ all the legitimate agen- 
cies of his office in its accomplishment. He was ably sec- 
onded by influential men, in various parts of the State, and 
was most creditably successful. He conducted a wide-spread 
correspondence, attended educational meetings, delivered pub- 
lic addresses, sent circulars to County Auditors and other 
local school officers, and reported to the Legislature, for 1845, 
a more prosperous and promising condition of the public 
schools than had been exhibited in any previous year, ex- 
cepting 1839, and yet he was compelled to make bitter com- 
plaints. In his School Report for 1845, he said: 

" During the past year the Superintendent has, by corres- 
pondence with the friends of education, by personal consulta- 
tion, by issuing circulars, and by addressing the people in 
some parts of the State, endeavored to inspire and concentrate 
sentiment in favor of some immediate action by which the 
prostrate cause might be restored, and vigor and prosperity 
crown its existence. The result of the effort has been to 
strengthen the conviction that the people are ready to receive 

* For legislation, between 1840 and 1845, see chapter xiv, from page 
187. 



CONTINUED POPULAR ACTION. 357 

and consummate decided legislative action, that the common 
school cause may be resuscitated." 

" The auspicious omens which appear, and urge us onward 
are, that in the cities of Cincinnati, Cleveland, and other im- 
portant points, common schools, under the kind influence of 
philanthropy, and an enlightened public spirit, are exhibiting 
those rich fruits which alike show the practicability of the 
scheme, and excite others to a participation in similar benefits. 
Teachers' Institutes and Associations are springing up in 
many sections, enlisting the zeal and activity of men of all 
grades and professions ; greater success in elections favorable 
to a school tax ; more enthusiasm exhibited for the advance- 
ment of the cause by County Superintendents, as will appear 
in the fuller and more interesting communications received 
this year ; and more satisfactory statistics than in any previ- 
ous year since 1S39." * # * * * 

" Not the least cause of grievance, as represented by many 
of the most influential friends of education, is, that the direc- 
tors in many districts, availing themselves of their prerogative 
under the law, prohibit any branches being taught, except 
reading, writing and arithmetic." #•-.#.:■* 

" It is gratifying to record the fact, that in many portions 
of our State, these unfailing indications of the advance of 
education (Teachers' Associations), are in successful operation. 
Within the past year, in some of our "Western Reserve coun- 
ties, a decided impulse, with encouraging results, has been 
given to the movement. It is easy to anticipate the beneficial 
influence of such measures upon teachers, schools and public 
sentiment." * * * * * * 

"The reports of several County Superintendents, which 
are herewith transmitted, exhibit unequivocal evidence of 
efficient exertions on their part, in the performance of the re- 
sponsible duties assigned them by law, and by the instruc- 
tions of this department. To their efforts is to be attributed, 
to a very great extent, the revolution in public sentiment, by 
which the district school, from being the object of general 
aversion and reproach, begins to attract the attention and 
regard of all." 

In 1838, Rev. Nelson Slater opened a Teachers' Seminary 
at Kirtland, Lake county. The following year it was con- 
ducted by A. D. Lord, and between 1840 and 1815, sent out 
into the schools of Northern Ohio, several men who have 
since become prominent educators. These men, seconded 






358 CONTINUED POPULAR ACTION. 

■with vigor the efforts made in 1845, in other parts of the State, 
and contributed largely to the awakening of a sentiment which, 
front that period, has been maturing and extending with great 
advantage to the general prosperity of the people of Ohio. 

Information that Conventions for the instruction of teachers 
had done good work in the State of New York, was spread- 
ing in Ohio, when Rev. L. Howe of Sandusky, invited Salem 
Town, who was popular as a lecturer at the New York Con- 
ventions, to visit our State. Mr. Town accepted the invita- 
tion. Notice was given of his expected visit; A. D. Lord of 
Kirtland, was engaged to assist at the Convention, and in 
September, 1845, the first Teachers' Institute, ever held in the 
Western country, was conducted at Sandusky by Salem Town, 
A. D. Lord, and M. F. Cowdery (then a teacher in the Kirt- 
land Seminary) ; Rev. Mr. Howe, Ebenezer Lane, and other 
men of influence, took part in the exercises. The Institute 
was successful in establishing faith in the usefulness of such 
Conventions. It was attended by about one hundred pupils. 
Encouraged by their success at Sandusky, Lord and Cowdery, 
assisted by M. D. Leggett, held a second Institute at Chardon, 
Geauga county, in October. It was attended by one hundred 
and forty teachers, and was regarded with distinguished favor 
by the leading citizens of the county. 

Thus was auspiciously commenced a series of Teachers' 
meetings for mutual improvement, and the elevation of the 
profession of teaching, which have become a feature of edu- 
cational movements in Ohio, so important, that the county 
which, during any year, is without one, depreciates in the 
regard of all who have observing interest in common schools. 

Educational men, in all parts of the State, were encouraged 
by the events of 1845, and taking advantage of opportunities 
then opened to them, signally advanced the common school 
cause in Ohio, daring the four succeeding years. 

In July, 1846, A. D. Lord published, at Kirtland, the first 
number of the Ohio School Journal. It was a thin duode- 
cimo magazine, advertised to appear monthly. It was con- 
ducted with spirit, advocated Teachers' Institutes, and argued 



CONTINUED POPULAR ACTION. 359 

the general need of a State Educational Society. There had 
then been no State Educational Convention for six or seven 
years, and the want of a concert of action among the friends 
of education was everywhere felt. Making progressive meas- 
ures the special objects of its articles, and urging upon teachers 
the necessity of elevating their profession, the Journal, though 
not liberally supported, was recognized as a valuable organ 
of educational sentiment. 

Henry 1>. Barnard, well known as Superintendent of Schools 
in Connecticut, was invited to visit Ohio, and in the autumn 
of 1846, spent several weeks in our State. He lectured at 
Cleveland, Cincinnati, and other prominent cities and towns, 
and was warmly welcomed in all. Arrangements had been 
made, early in 1846, for Teachers' Institutes, and during that 
year nine were held, in northern counties, with increasing suc- 
cess and widening interest, as their purposes and advantages 
became known. 

The first Institute held in the southern part of the State, was 
at Cincinnati, in February, 1847. 

The first one held in middle Ohio, was at Newark, Licking 
county, in March, 1848. 

In November, 1846, the Free School Clarion, by William 
Bowen, at Massillon, Starke county, appeared as a coadjutor 
of the School Journal. It was issued semi-monthly. It re- 
published the calls which had been put forth for a State 
Teachers' Association, and added arguments of its own in 
favor of such an organization. 

But a few numbers of the Clarion had been issued, when 
a third school paper attracted attention. It was the Common 
School Friend, published monthly, at Cincinnati, by Winthrop 
B. Smith & Co. With January, 1847, came a fourth period- 
ical — representing the growing educational sentiment of the 
State — the Western School Journal, published monthly, at 
Cincinnati, by W. H. Moore & Co. Lord's School Journal 
had been removed to Columbus, in December, 1846. 

By means of Educational Associations, Teachers' Institutes, 
and County Conventions, a public opinion was developed in 



360 CONTINUED POLULAR ACTION. 

1847 and 1848, which demanded more liberal legislation than 
had characterized 1S44, 1845 or 1846. Teachers' Institutes 
were encouraged, county Superintendents were authorized, 
and a step taken toward the establishment of School Libra- 
ries : provision was made for the better regulation of schools 
in towns and villages, and taxation for the support of schools 
was rendered sure.* 

The law to encourage Institutes was in answer to petitions 
from the counties in which they had been held, suggested by 
resolutions adopted at Sandusky and Chardon, in 1845, re- 
commending to the friends of education the importance of 
memorializing the Legislature in favor of endowing Institutes 
and making them a part of the school system of Ohio. And 
the act authorizing counties to elect Superintendents, was a 
response to petitions that had been industriously circulated in 
northern and middle counties. The counties in which Com- 
missioners were authorized, upon a vote of the people, to set 
apart a sum of money for the support of county Superintend- 
ents, were Lake, Geauga, Cuyahoga, Medina, Delaware, Knox, 
Muskingum, Lorain, Portage, Holmes, Gallia, Lawrence, 
Champaign, Trumbull, Mahoning, Franklin, Madison, Clark, 
Hancock, Licking, Seneca, Sandusky, Crawford and Wyandot. 

Those in which Teachers' Institutes were encouraged by the 
appropriation of money from the income of the surplus reve- 
nue, were Ashtabula, Lake, Geauga, Cuyahoga, Erie, Lorain, 
Medina, Trumbull, Summit, Portage and Delaware. 

The Commissioners of Delaware county appropriated $200 
for an Institute; Geauga county gave $200 for a Superin- 
tendent ; Medina, for an Institute, $300 ; and Ashtabula, for 
a Superintendent, $350. Sandusky and Ashtabula were the 
only counties in which Superintendents were elected. 

In 1847, thirteen Institutes were held in the State. A 
revival, begun in Cincinnati, spread over Southern Ohio, and 
very decided improvements were made in the cities of Cin- 
cinnati, Cleveland, Dayton and Portsmouth, and in the towns 

* See pages 197, 205-6. 



CONTINUED POPULAR ACTION. 361 

of Akron, Sandusky, Delaware, Massillon and Lebanon, by 
the establishment of High Schools. 

The following extracts from Samuel Galloway's Report to 
the General Assembly, for 1847, are of interest, as the opinion 
of a man who, with favorable opportunities, closely watched 
the indications of school progress : 

" The only full report which has been presented, for many 
years, is that transmitted this year by A. H. Bailey, Superin- 
tendent of Schools for Ashtabula county. His letter indicates 
the efficient action which he has adopted, and the report shows 
that, if a general law were passed, creating the office of County 
Superintendent, and other counties would imitate the example 
of Ashtabula, the school system of Ohio would soon fulfill the 
expectations of its founders, and its friends. The only other 
returns, which even approximate accuracy, are those of the 
counties of Athens, Meigs, Knox, Morgan, Licking and Sum- 
mit. For these, we are principally indebted to the active ex- 
ertions of the Auditors, and it may here be appropriate to 
remark, that the Auditor of Licking county has especially 

distinguished himself by diligence in obtaining statistics." 
# # # # # #""# # 

" As evidence of the improvement which may by appropri- 
ate exertions be realized, and as deservedly complimentary to 
those who have conducted and sustained the laudable enter- 
prise, it may be stated, that an intelligent citizen of this State, 
who recently visited the public schools (which have not been 
one year in existence) of this city (Columbus), remarked that 
their organization, mode of instruction, and advantages, were 
superior to those which he had seen, or in which he had been 
educated, in his native New England State. It is probable 
that the schools of Cincinnati, Cleveland, Dayton, and other 
prominent points, possess even a higher reputation than those 
specified, as they have for a number of years, been in success- 
ful operation. Within the last year, in many of our larger 
towns, measures have been adopted for enlarging the means 
and advantages of common schools, and establishing them 
upon a basis similar to that upon which the schools in some 
of our cities are founded. These signs are auspicious, and 
betoken, though dimly, a better day." * * * 

"The oral and printed discussions of the subject of educa- 
tion, the expressions of the press, the establishment of Teachers' 
Institutes, and the gradual but certain intellectual improve- 
ment of our people, have contributed to elevate the expecta- 
tions of the people, and the standard of attainment for teachers. 



362 CONTINUED POPULAR ACTION. 

The public mind is beginning fully to realize that there is an 
impropriety in the school-room being converted into winter 
quarters for exhausted energy, and a "city of refuge" for 
those who have been chased from other employments. Not- 
withstanding the advance which has taken place in public 
sentiment, a more extensive improvement is yet demanded. 
The cold indifference w T hich is manifested by parents, and 
those having supervision of schools, would amaze us, if we 
had not become so familiarized to its contemplation." 

" Our system of education has had a feeble, uncertain ex- 
istence ; occasionally giving signs of a reviving life, and as 
frequently exhibiting symptoms of dissolution. It never has 
commanded watchful, affectionate protection, but, on the con- 
trary, unblessed by the love of any, it has been left to the 
capricious charities of all. 

" That spirit of enterprise and speculation which has given 
origin and impetus to physical improvement, has not been 
imbued with those loftier attributes with which it has been 
elsewhere characterized, and has not extensively embraced 
the moral and intellectual improvement of our people. Our 
wealthy men have not, as in older States, honored themselves 
by liberal benefactions for the endowment of schools and 
colleges. Donations for educational purposes, with us, are 
rare. In other States they have been frequent. Our popula- 
tion has been of a transitory character, and but little disposed 
to the pursuit or accomplishment of any object as much iden- 
tified with general, as with individual, welfare. Our society 
has not assumed that harmonious and uniform character which 
would secure that unanimity so essential to successful educa- 
tional effort. There has also operated, for many years, and 
during the greater part of the time since the re-organization 
of our school system, the depressing influence of a heavy State 
debt." * * * * * * _ * 

" When the influence of these, and other difficulties which 
might be enumerated are contemplated, in connection with 
the deplorable apathy which has been exhibited by the pro- 
fessed friends of education, it is indeed strange that the sys- 
tem has not been crushed with obloquy and contempt. Its 
preservation can only be attributed to a deep-seated yet dor- 
mant attachment to general intelligence, and to that ineradi- 
cable love for human welfare, which all feel, and which but 
few effectively exhibit." 



SUPERINTENDENCE OF THE STATE DEPARTMENT. 363 



CHAPTER IV. 

SUPERINTENDENCE OF THE STATE DEPARTMENT. 

In 1847, the Secretary of State (Galloway), addressed cir- 
culars to prominent men, in different parts of the State, invit- 
ing reports upon common schools, and upon the general 
interest in popular education. The replies to his letters 
exhibited, in connection with the reports of Auditors and 
county Superintendents, a wide-spread determination, inde- 
pendent of government authority or influence, to extend and 
improve common school privileges. 

A most gratifying feature of this general interest was, a 
growing public spirit among teachers. Institutes appeared 
to have aroused them to a new sense of their obligations. 
"Wherever Institutes were held, the necessity of the elevation 
of teachers, of thorough school organization, in counties and 
for the State, and of the enlargement of the sphere of the 
common schools, were topics of discussion and illustration. 
Resolutions, embodying these doctrines, were often passed, 
and were published in the county papers. 

At Institutes held in Ashland, Chardon and Akron, in the 
fall of 1847, M. F. Cowdery, Lorin Andrews, William Bowen, 
J. Hurty, A. D. Lord and M. D. Leggett, were appointed a 
committee to make arrangements for the organization of a 
State Educational Society. 

They called a Convention at Akron, on the 31st of Decem- 
ber, 1847, and a State Teachers' Association was there formed, 
with Samuel Galloway as President ; T. W. Harvey of Geauga 
county, Recording Secretary ; M. D. Leggett of Summit, as 
Corresponding Secretary ; and William Bowen of Stark, as 
Treasurer. 



364 SUPERINTENDENCE OF THE STATE DEPARTMENT. 

An Executive Committee, consisting of M. F. Cowdery of 
Lake, Lorin Andrews of Ashland, M. D. Leggett of Summit, 
J. Nichols of Lake, J. Hurty of Richland, F. W. Tappan of 
Portage and H. K. Smith of Summit, was instructed to pre- 
pare a plan for the awakening of educational interest, and the 
elevation of the profession of teaching. 

Eleven counties had been represented in the Convention, 
and the Executive Committee was encouraged to take ener- 
getic measures. An address to teachers and the friends of 
education was agreed upon, inviting co-operation, and urging 
interest in a meeting of the Association, to be holden in June, 
1848. The Committee announced its intention to hold Insti- 
tutes in forty counties of the State, and issued a circular, ap- 
pealing for aid, and explaining the object to be attained. 

These movements of the Executive Committee, and the 
objects generally of the State Teachers' Association, were 
approved by the newspapers of the State, and in all the edu- 
cational journals earnest appeals were made in their behalf. 

The year 1848 is distinguished in the School History of 
Ohio. The Secretary of State reported encouragingly to the 
General Assembly, and the legislation of the winter of 1848-9 
was liberal.* 

Mr. Galloway said: 

" The legislation for schools, within the last three or four 
years, exhibits an improved and advancing state of public 
sentiment, which demands more enlarged views for educa- 
tional action than that which exists. The recent amendments 
to the original laws are as " new cloth in an old garment," 
and although all may not have been made worse, yet the ap- 
pearance, at least, manifests the necessity of an entirely new 
dress " * * * * * * * 

" The cause of common school education is slowly, but cer- 
tainly advancing, notwithstanding the many impediments 
which it has to encounter. The conviction is annually be- 
coming stronger, that a common school system is adapted to 
our wants ; that it is susceptible of immediate improvement, 
which will secure for it general confidence and patronage; 



* See pages 191, 200 and 206. 



SUPERINTENDENCE OF THE STATE DEPARTMENT. 365 

that no other plan, securing general education, can be estab- 
lished ; and that our social and political prosperity are inti- 
mately identified with success. Some who once denounced 
common schools, as an unworthy object of public benefactions, 
are now beginning to appreciate their advantages ; many who 
have had no children to educate, but who have been uncom- 
fortably taxed to support the cause, now perceive results which, 
at least, measurably compensate them for their imagined loss 
of funds ; and a still larger number who have apprehended 
injury to the morals and manners of their children from asso- 
ciation with the children of those occupying a different social 
and pecuniary position, are ascertaining, alike from facts and 
observation, that correct principles of faith and of conduct, 
and the decencies of life, can be as successfully taught and 
practiced in common, as in select schools." * * * * 
" Another auspicious sign of improvement is to be found 
in our cities and some of our larger towns. Within the 
last four years, schools of the highest order have been estab- 
lished, rivaling in extent, efficiency and usefulness, those 
schools of New England and New York which have been 
reared under highly improved educational systems, and 
which have been liberally sustained by the patronage of 
funds, and of an enlightened public sentiment. The gene- 
rosity and taste of the citizens in these points have been in- 
terestingly exemplified by the erection of many substantial 
and commodious buildings, and in the selection of teachers 
of the highest attainments and character." 

It was a part of the duty of the Executive Committee of the 
State Teachers' Association to report to the State School De- 
partment. From the report of M. F. Cowdery, made in 
December, 1848, we quote : 

" In assuming the responsibility of conducting the business 
affairs of the Association, twelve months since, the committee 
selected the following objects, as most worthy of their imme- 
diate attention: First, the elevation of the teachers of the 
State, through the agency of Teachers' Institutes, courses of 
lectures to teachers, educational conventions and associations, 
and a more conscientious adherence to the law relating to the 
qualifications of teachers on the part of county examiners. 
The second object of the committee was to encourage a reor- 
ganization of the schools in the cities and incorporated towns 
of the State. This was proposed to be accomplished by ad- 
dressing citizens publicly, and stating the importance, prac- 
ticability and economy of such a change in the common school 



366 SUPERINTENDENCE OF THE STATE DEPARTMENT. 

organization as would give, to every child of a town or city, 
an education fitting him for his duties as a citizen ; and lastly, 
it was the wish of the committee, as far and as fast as prac- 
ticable, to prepare the public mind for a school system for our 
State, unparalleled for the liberality of its provisions, the 
wisdom of its measures, and the harmony and efficiency of 
its operations. 

" During the past year these objects have been kept steadily 
in view." ###### 

" Early in January last the committee made conditional 
arrangements for holding Teachers' Institutes in one half the 
counties of the State in the spring following, and matured 
plans for holding others in the remaining counties of the State, 
during the succeeding autumn. 

" Teachers of ability and experience were secured to visit 
these counties, and give a course of instruction, for one week, 
to the teachers of the county, provided the county examiners, 
teachers themselves, and friends of education, should co-ope- 
rate in the measures proposed. Several hundred letters were 
written by the committee to public men and private citizens, 
in the counties designated, asking their influence and effort 
in behalf of the plans of the committee. The following coun- 
ties accepted the propositions of the committee, and Institutes 
were held during the months of March and April last: Ash- 
land, Richland, Huron, Licking, Seneca, Starke, Columbiana, 
Wayne and Washington. The number of teachers attending 
the Institutes, in the above counties, was between six and 
seven hundred. 

" During the summer, proposals were issued by the com- 
mittee for holding an Institute during the succeeding autumn, 
in any county of the State where teachers and friends would 
co-operate with the committee. The following counties ac- 
cepted the proposals of the committee, and Institutes were 
held, during the past autumn, in Montgomery, Medina, Port- 
age, Huron, Seneca, Miami, Sandusky, Champaign, Ashta- 
bula and Washington. 

" The number of teachers instructed at the Institutes during 
the fall, in the above counties, was above eight hundred, 
making in all about fifteen hundred, who have attended Insti- 
tutes during the past year, in connection with the State Asso- 
ciation. 

"In January last, the committee issued proposals for a 
Course of Lectures to Teachers, on subjects immediately 
connected with their qualifications and duties, and the im- 
provement of schools, to continue nine weeks, and be given 



SUPERINTENDENCE OF THE STATE DEPARTMENT. 367 

in any county of the State where the Mends of education 
would offer the most liberal inducements to the committee for 
the course. From all the propositions received, the offer from 
Huron county, pledging to the committee nearly $500, with 
a suitable building, was deemed best, and the course was 
accordingly given in that county. About one hundred and 
twenty persons attended the course." # # * 

The following are selected from among the resolutions 
passed by the teachers, at the close of the course : 

" Resolved, That, in our opinion, Normal Classes, and 
Teachers' Institutes, as conducted by our State Teachers' 
Association, are among the most efficient auxiliaries for pro- 
moting the improvement of teachers, and the consequent 
elevation of our common school system. 

" Resolved, That we heartily approve of the manner in 
which the first Normal Class has been conducted by M. F. 
Cowdery, chairman of the Executive Committee of the Ohio 
State Teachers' Association, and that we have been extremely 
gratified with the choice of gentlemen to lecture on the vari- 
ous subjects before us. 

" Resolved, That Messrs. M. F. Cowdery, L. Andrews, H. 
Benton, Professor S. St. John, G. W. Winchester, J. B. 
Howard, J. Hurty, T. W. Harvey, Professor II. Mandeville, 
Professor I. J. Allen and M. D. Leggett, are entitled to our cor- 
dial gratitude for the untiring zeal of their efforts, and for the 
very able and interesting manner in which they have addressed 
us on the subjects assigned them." # # # 

" During the summer, proposals were issued by the com- 
mittee for another course, similar to the one in Huron county, 
to be given where the best offer should be made. The offer 
from Summit county was deemed best, and the course was 
given in that county during the months of September and 
October. The class numbered about sixty. Similar resolu- 
tions were presented by this class, and similar expressions of 
approval were given by citizens and the press. 

" Gentlemen who have been employed to conduct Teachers' 
Institutes, have invariably presented the subject of Union 
Schools in all the counties they have visited ; and it is be- 
lieved, that important results have already grown out of their 
labors. Several towns have already adopted the plan of 
classifying the pupils, and bringing all the schools under one 
uniform and connected system, while others are making the 
preliminary arrangements to introduce the same general 
method. 



368 SUPERINTENDENCE OF THE STATE DEPARTMENT, 

" It is believed that there is a strong and growing public 
sentiment in favor of all practicable improvement in the sys- 
tem of education in our State. The committee have been 
sustained and encouraged in the various efforts they have 
made the past year, by private citizens, teachers and others, 
far beyond their expectations. In many sections of the State, 
it only needs to be known that a measure is really an improve- 
ment, and that it is practicable, and the means for introducing 
it are speedily provided." * * * * 

The Lectures complimented in the Resolutions above quoted, 
were by Professor St. John on Geology ; by H. Benton on the 
English Language ; by Lorin Andrews on Arithmetic ; by M. 
F. Cowdery on Geography and Yegetable Physiology ; by J. 
B. Howard on Linear Drawing ; by J. Hurty on Civil Govern- 
ment ; by T. "W. Harvey on American History ; by Professor 
Mandeville on Elocution; by G. W. Winchester on Book- 
keeping ; by I. J. Allen on Natural Philosophy ; by M. D. 
Leggett on Human Physiology ; and on Music by Mr. An- 
drews and Mr. Howard. 

Active interest for Normal Schools, was manifested in 1848. 
The educational journals pressed their value, and Mr. Gallo- 
way urged the Legislature to encourage the establishment of 
one or more. Another feature of the movement of that year, 
under the auspices of the State Teachers' Association, was 
Union Schools. 

A Committee of the Association, consisting of A. D. Lord, 
S. S. Rickey, and II. H. Barney, made the encouragement of 
Union Schools a speciality, and reported to the State School 
Department, lively encouragement. Some paragraphs from 
that report will be found of decided interest, as a part of the 
history of the educational progress of the year. 

The Committee arguing the advantage of thorough system, 
and presenting the advantages of Union and Graded Schools, 
said: 

"It is a well known fact, that in most of the towns and 
villages of this State, where classified public schools have not 
been established, there are few, if any, good school-houses ; 
that the teachers employed are generally poorly paid, and 



SUPERINTENDENCE OF THE STATE DEPARTMENT. 369 

often entirely incompetent; that the scholars attend irregu- 
larly, and derive but little benefit from their attendance ; that 
school officers and citizens take but little interest in the schools, 
and that the better class of families, including nearly all who 
are able to provide for the education of their children else- 
where, and most, if not all, of those who value the manners 
and morals of their children, feel compelled to stand entirely 
aloof from these schools, and secure their education by send- 
ing them abroad, or by sustaining private schools near home, 
at a heavy expense." ##--#•■•*•# 

" After a trial of this plan for years, the opinion has become 
almost universal in the Eastern States, and in many parts of 
our omui State, that the only means of providing a respectable 
education for the great mass of the youth of a town, and that 
the best and cheapest plan for securing the same for those who 
are able to provide it at their own expense, is by establishing 
well regulated public schools, sustained during at least ten 
months in the year, and supported by -a tax on the property 
of the town or district. These schools are divisible into two 
classes ; Union schools for moderate-sized towns and villages 
and the more densely populated country districts, and properly 
classified or Graded public schools for larger towns and cities." 

"In country districts, a house containing three rooms can, 
probably, be built and furnished for $1,000 or $1,500. The 
cost of the Union school in Perrysburg, intended for three 
hundred scholars was $3,000. The cost of each of the three 
public school-houses in Columbus, containing six rooms, and 
intended for three hundred pupils, was not far from $3,000, 
exclusive of the expense for site. The expense of the Union 
school-house in Lancaster, which is fifty-six by eighty feet on 
the ground, two stories in hight, and contains eight school 
rooms for fifty scholars each, was $6,000 ; for site (two lots), 
$800 ; for building and furniture, $5,200. The Union school 
house in Massillon, ninety by sixty feet, and three stories in 
hight, cost about $7,000, exclusive of the site, which was a 
donation." * * * * * * 

"The salaries now paid to female teachers in different 
places in Ohio, where Union schools or well regulated public 
schools have been established, range from two to seven dollars 
per week. In the schools of Cleveland, they are paid from 
two to five dollars per week ; in Columbus, primary teachers 
receive $160 per year, and secondary teachers $200 ; in Cin- 
cinnati the different grades of teachers receive from $192 to 
$336 ; and in Massillon, from $200 to $400 per year. The 
24 



370 SUPERINTENDENCE OF THE STATE DEPARTMENT. 

salary of the teachers of the Senior or Grammar schools in 
Columbus is $400 ; in Cleveland, $440 ; in Cincinnati, $600. 
The salary of the Principal of the High School in Cleveland, 
and of the Superintendent of Schools in Akron is $500 ; that 
of the Principal of the Union School in Perrysburg, and of 
the Principal of the Boy's School in Zanesville $600; of the 
Superintendent of the Public Schools of Sandusky City, $700 ; 
of the Principal of the Massillon Union School, and the Su- 
perintendent of Schools in Columbus, $800; and the present 
salary of the Principal of the Central School in Cincinnati is 
$1,500." *#*,***.* 
u The average price of tuition in the several schools of 
Cleveland, for the last year, was $3.96 ; in the schools of 
Columbus, $5.25 ; in those of Cincinnati, $7.00 ; in the Union 
school of Massillon it is not far from $6.00 ; in the Public 
schools of Philadelphia, employing six hundred and thirty- 
one teachers, instructing more than forty thousand different 
scholars, and an average of about thirty-five thousand, the 
average cost of education, including tuition, books and sta- 
tionery, was $6.49, and including the interest on $750,343 
(the amount which the city and county has invested in real 
estate for school purposes), the cost was $7.15 per scholar." 

" Of eleven teachers in the schools of Akron, ten are females ; 
of twenty-one in Cleveland, only five are males ; of twenty in 
Columbus, six are males ; of one hundred and twenty-seven 
in Cincinnati, thirty-five, or a little more than one-fourth, are 
males; of an aggregate of more than fifteen hundred, in the 
twenty cities before named, only one-fourth are males ; and 
of six hundred and thirty-one, employed in Philadelphia, 
eighty, or a little more than one-eighth, are male teachers." 

"The sum levied, for the last year, in Columbus, was four- 
fifths of one mill ; in Akron and. Cincinnati, two mills on tho 
dollar." 

There were then not more than twenty Union Schools in 
Ohio ; Cincinnati had led the movement by good example, 
and her schools were of wider range and higher sphere than 
any others in the State; but Cleveland, Columbus, Dayton, 
Zanesville, Sandusky, Portsmouth, Mansfield, Massillon, and 
a few other towns, were then, as they are now, forward com- 
petitors for common school distinction. 



SUPERINTENDENCE OF THE STATE DEPARTMENT. 371 

The State Teachers' Association, at the period which we 
are now considering, as it did for at least five years after 1848, 
and as it does in a great measure yet, discharged important 
duties which properly belong to a State Department of Public 
Schools. There had been from 1839, growing demand for a 
State School Department. Despairing of success in petition- 
ing the Legislature, without an active increase of public inter- 
est, a few leading teachers had determined to show in how 
far the interests of schools might be advanced by co-opera- 
tion, independent of State patronage. They succeeded better 
than they had reason to anticipate, but did not at any time 
lose sight of what they believed to be the obligations of gov- 
ernment. They resolved, at the semi-annual meeting of the 
Association in Dayton, June 1818, that a State Superintend- 
ent of Schools ought to be appointed, and as we have seen 
reported to the Secretary of State, at the end of the first year 
of their endeavors. 

The first annual meeting of the State Teachers' Association 
was held in Columbus, December 27, 1818. Samuel Gallo- 
way delivered an address and was re-elected President. Asa 
D. Lord was chosen Chairman of the Executive Committee. 
The Convention discussed the necessity of a State Normal 
School, and of State and County Superintendents, and the best 
plans for schools in incorporated towns and cities. 

In 1819, the cholera visited Ohio. On account of it, the 
semi-annual meeting of the Teachers' Association, which was 
to have been held at Springfield in June, was postponed. 
There was very general depression throughout the State in the 
summer of that year, and educational enterprise was conse- 
quently retarded, but very decided measures were taken in a 
large number of towns to secure Union schools, and in the 
second annual meeting of the State Teachers' Association, at 
Columbus, December, 1819, a majority of the counties of the 
State had representatives. Samuel Galloway was again elected 
President, and Asa D. Lord was continued as Chairman of 
the Executive Committee. 



372 SUPERINTENDENCE OF THE STATE DEPARTMENT. 

Addresses were delivered by the President on the import- 
ance of Universal Education, and by S. Hanbury Smith on 
the Animal Kingdom. Reports were presented upon a vari- 
ety of topics affecting practically the prosperity and efficiency 
of the public schools. A series of resolutions, presented by 
Lorin Andrews, demanding a Board of School Commissioners, 
and an educational paper, under State authority, were dis- 
cussed and adopted. 

Mr. Galloway included these resolutions, in his report for 
1849 ; to the General Assembly — his last report as Secretary 
of State. The plan for the State superintendence of schools 
they provided, was diligently urged upon the Legislature. 

A committee to memorialize the General Assembly, con- 
sisting of A. D. Lord, H. H. Barney and Milo G. Williams, 
had been appointed by the State Teachers' Association, and 
that committee did not fail to discharge its duty. Educational 
journals supported the resolutions, and from several couuties, 
influential petitions were sent in praying for the commission. 

W. B. Fairchild, representative from Greene county, pre- 
sented a bill, embodying the plan recommended by the 
Teachers' Association, in its main features, and that bill be- 
came a law, but so late in the session that no appointments 
were made under it, and consecpiently it failed to go into 
operation.* 

Perhaps in summing up the results of the labors of educa- 
tionalists in Ohio, during the period of four years previous to 
1849, no better idea of the effect of those labors can be given 
than may be afforded in the fact that then Grammar and 
Geography were, for the first time, required to be taught in 
public schools. 

That the statistics of common schools, as reported to the 
State Department, may be compared with those given in pre- 
vious chapters — from 1837 to 1845 — we present the following: 

* See page 189, for an abstract of the law. 



SUPERINTENDENCE OF THE STATE DEPARTMENT. 



373 



1844 
1845 
1846 
1849 




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7,000 
9,000 
10,000 
10,211 

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374 ACTION UNDER THE NEW CONSTITUTION. 



CHAPTER V. 

ACTION UNDER THE NEW CONSTITUTION. 

In 1850, a Convention for the formation of a new State 
Constitution was a topic of public discussion. It had been 
authorized by the Legislature of 1849-50, and the election 
for members having been held in the spring of 1850, educa- 
tional men, expecting from it a revision of the School System 
of the State, circulated petitions, and made zealous efforts to 
keep up the interest in public schools which had been produc- 
tive of so much good in 1848 and 1849. 

A. D. Lord's Journal of Education had been united, at 
the commencement of the year 1850, with Smith's W&tern 
School Friend, at Cincinnati. M. Hazen White, who had 
edited the Friend for several years, retired, and A. D. Lord, 
H. II. Barney, C. Knowlton and Joseph Ray, were employed 
to conduct it. It was an interesting and efficient organ of 
school reform. 

Samuel Galloway had been succeeded in the Secretary of 
States' office by Henry W. King, an active friend of the com- 
mon school cause. 

During 1850, Educational Societies and Teachers' Institutes 
were maintained in a larger number of counties than had re- 
ceived the benefits of them during any previous year > and to 
the Legislature for 1850-1, Mr. King, as School Superintend- 
ent, reported favorably. He gave a clear revision of the 
School Laws of the State, and recommended such legislation, 
as would embrace in one act, the good features of those in 
force. Mr. Galloway, in 1849, received school reports from 
all the counties in the State, except Adams, Brown, Hardin, 



ACTION UNDER THE NEW CONSTITUTION. 375 

Miami and Pickaway, but complained (as had all his prede- 
cessors) of the general imperfection of the reports. Mr. King 
received reports, in 1850, from all the counties, except eight. 
He repeated Mr. Galloway's complaint, upon the imperfection 
of reports, and, without exception, his successors reiterated 
it. The counties from which no reports at all were received 
in 1850, were Guernsey, Jefferson, Pickaway, Scioto, Yinton 
and Williams. Eeturns for Marion and Miami came after the 
Secretary's Keport had been prepared. In reference to reports, 
Mr. King said : 

" No report has been received from Miami county, for the 
last five years. Prior to the present year, no report has been 
received from Brown county for five years ; and prior to 1849, 
no report has been received for four years from the counties 
of Carroll, Coshocton, Hocking, Montgomery, Perry, Portage, 
Stark and Wyandot, severally; while, for the same four 
years, but one report each had been received from the coun- 
ties of Crawford, Darke, Paulding and Wayne. It is, how- 
ever, a matter of much encouragement, and proves, very 
conclusively, the wholesome influence which the law of 1848 
has exerted, that, for the last two years, during which that law 
has been in operation, very good reports have been received 
from all the twelve counties last named, excepting Perry and 
Paulding. From Perry the report for 1849 was quite defective, 
while from Paulding the reports of both years have been 
merely nominal. The salutary influence of this law is also 
shown by a comparison of the number of counties which 
were delinquent, prior to the passage of the law, with the 
number at this time. The number of counties from which 
no reports whatever were received at this office, is as follows : 
in 1846, 28; in 1847, 27; in 1848, 28; in 1849, 5; in 1850, 
8 ; including the new county of Vinton, whose recent organiza- 
tion may have been a sufficient reason why none should be 
expected from it. Again, some ground for the belief that this 
subject is receiving an increased attention, may be drawn 
from the fact, that complete returns of the enumeration of 
youth have been received this year, for the first time, from 
every county in the State. On the other hand, it is a matter 
of regret that since the law of 1848 has been in operation, a 
few counties seem to have been less prompt than heretofore. 
For instance, from the county of Pickaway no reports have 
been made for the last two years, while for many years previous 



376 ACTION UNDER THE NEW CONSTITUTION. 

they were regularly received. So, too, Guernsey and Marion 
counties have, this year, failed to report, for the only time in 
six years." * * * * * 

" The reports which have been returned to this office dur- 
ing the present season, evince a deep and abiding interest in 
the cause, on the part of very many of the County Auditors 
throughout the State. Some twenty -two of the Auditors have 
made full reports, many of them have bestowed great labor 
in the preparation of their reports, as well as in the collection 
of materials therefor. Foremost among them, it is no more 
than justice to mention those of the counties of Hamilton, 
Hardin, Holmes, Licking, Meigs and Wyandot." 

In 1S19, the Auditor of State, John "Woods, in obedi- 
ence to frequent inquiries, whether the State School Fund 
might not be increased, suggested that the State could, with- 
out inconvenience, make the Fund $300,000. Mr. King 
pressed this suggestion upon the Legislature, and the fund 
was increased to the sum named.* 

The State Teachers' Association, held both its semi-annual 
and its annual meeting in 1850. The summer meeting was 
at Springfield, and that in winter at Columbus. 

At Springfield, the number of members of the Associations 
was one hundred and sixty. Addresses were delivered by 
Rev. D. Shephardson, and J. C. Zachos of Cincinnati. Re- 
ports upon important subjects were presented by experienced 
Teachers, and the Association resolved, that the Constitution 
of the State ought to provide for a Normal School, and for a 
State Superintendent. 

A resolution taht each Clergyman of the State be requested to 
deliver a Sermon, in October, on the advantages of Common 
Schools, was passed without opposition. At the next meet- 
ing of the Teachers, there was no report of the number of 
ministers who responded to the resolution, and it can not be 
exactly ascertained, but in several towns and cities sermons 
were preached, which contributed materially to a proper un- 
derstanding of common schools, and their bearings upon the 
morals of community. 

* See page 191. 



ACTION UNDER THE NEW CONSTITUTION. 377 

The annual meeting of the Teachers was the most import- 
ant one held, up to that period, by the Association. Samuel 
Galloway again delivered the opening address. Ira Mayhew, 
Superintendent of Schools in Michigan, gave a public lecture 
upon Popular Education, and very important discussions were 
had upon a variety of resolutions. The most important of 
the resolutions adopted were, that the School Laws should be 
revised ; that the law authorizing a Board of School Commis- 
sioners should be put in force, and that the new Constitution 
should recognize Public Education for all the youth of the 
State. 

The resolution on the Board of Commissioners, was dis- 
cussed at greater length than any other resolution had ever 
been in the Association, and was adopted by a vote of sixty- 
one to thirty-one. On motion of H. H. Barney, it was then 
recommended that none but enlightened educators ought to 
be appointed to office in the Board. 

In view of what the Constitutional Convention did, and of 
the law of 1853 framed under it, the following resolution, 
adopted by a large majority, is interesting : 

" That it is the opinion of this Convention, that the organic 
law of every State should guarantee a free education to all the 
youth of the State, and provide for the establishment of schools 
in which the same shall be communicated." 

Isaac Sams of Highland county, was elected President of 
the Association, and Lorin Andrews was chosen Chairman of 
the Executive Committee. 

Mr. Andrews was then Principal of the Massillon High 
School. He resigned his post, and voluntarily became a 
Common School Missionary, without assurance of any reward 
but that which springs from the consciousness of well doing. 
He issued circulars, appealing for the interest and support of 
Teachers' Institutes, and immediately began a thorough can- 
vass of the State. 

At the July meeting of the Teachers' Association in Cleve- 
land, an interesting and influential meeting, his disinterested 



378 ACTION UNDER THE NEW CONSTITUTION. 

labors were most cordially approved, and a resolution to sus- 
tain him pecuniarily, unanimously adopted. At the same 
meeting, resolutions were adopted, declaring that girls and 
boys ought to sit in the same room ; that phonotypy was to 
be encouraged, as a means of teaching children to read; and 
that the Legislature ought to establish one or more Houses of 
Reformation for juvenile offenders. 

Supported by the action of the Teachers' Association, and 
encouraged by the favorable manner in which the people had 
received his labors, Mr. Andrews devoted himself with renewed 
vigor, during the fall of 1851. The annual meeting of the 
Association at Columbus, in December of that year, exhibited 
the value of his efforts, in the number of its members, and 
the character of their action. 

It was determined to continue Mr. Andrews as State Agent ; 
to establish a monthly Educational Journal ; and to petition 
the Legislature for District School Libraries, and for a State 
Superintendent. 

Rev. W. C. Anderson, President of Miami College, was 
elected President of the Association. Addresses were deliv- 
ered by Joseph Ray of Cincinnati, I. W. Andrews of Mari- 
etta, and George Willey of Cleveland. The Convention 
adjourned to meet at Sandusky in July, 1852. 

In his report to the Legislature for 1S51, the Secretary of 
State acknowledged, in handsome terms, the good influence of 
the State Teachers' Association, by its semi-annual meetings, 
through the labors of its agent, and by means of county Insti- 
tutes and Associations. 

" The teachers of the State have shown a noble zeal and 
energy in their efforts to sustain the agent of the Association. 
They have voluntarily contributed for that purpose, about one 
thousand dollars, during the past year, and have pledged 
themselves, from different parts of the State, to raise a still 
larger sum for the ensuing year. The heroic purposes exhib- 
ited by this self-sacrificing action, on the part of the teachers 
of Ohio, is without a parallel in any other State in the Union, 
and certainly augurs well for the educational interests of this 
State. "With such a corps of teachers in Ohio, no fears need 



ACTION UNDER THE NEW CONSTITUTION. 379 

be entertained of the ultimate success of common school edu- 
cation, if any considerable portion of their generosity can be 
made to characterize the legislation of the State. 

" Were no other end proposed by the State Teachers' Asso- 
ciation, the effect of the semi-annual meetings, held by the 
teachers, could not be otherwise than salutary. The oppor- 
tunities thus afforded of consulting upon topics which interest 
the profession throughout the State, of interchanging senti- 
ments upon proposed improvements in modes of teaching or 
managing schools, would be of great service in harmonizing 
and concentrating the views of the entire body of teachers, 
while it would stimulate the less advanced to aim at higher 
attainments in their profession." 

In discussing the condition of schools in the State, and 
urging Legislative reform, in several respects, Mr. King said, 
in the report from which the above extract is taken : 

" "While in many of our towns and cities, schools of a high 
order have been, for years past, sustained and fostered by the 
municipal governments under which they exist ; while such 
schools are, in most instances, cheerfully supported and cher- 
ished by the tax-paying community, who reap from them no 
other advantages than such as are common also to those who 
pay nothing for their support, thus proving, abundantly, that 
our people are willing to be taxed for the support of free 
schools, provided only they are good, it is yet lamentably true, 
that in many portions of the State, and probably in a majority 
of the counties, the common schools are in a languishing con- 
dition." *#***# 

" No one doubts that our school system has already accom- 
plished, and is accomplishing, a vast amount of good to the 
population of the State. No one doubts that we have, in cer- 
tain portions of the State, and particularly in many of its 
towns and cities, public schools equal, perhaps, to the best 
that can be found elsewhere. No one doubts that a greatly 
improved public sentiment prevails throughout the State on 
the whole subject of education ; and no one can surely do 
otherwise than derive great hope and sincere pleasure from 
these admitted truths. But, upon the other hand, it is equally 
apparent that the present school system has its defects, more 
or less radical ; that further advances can be made ; and that 
renewed health, and a more vigorous life can be imparted to 
it. All must admit, that our schools do not, as yet, answer 
the purpose for which they were designed." * * * 



3S0 ACTION UNDER THE NEW CONSTITUTION 

" Abstracts of the returns made to comity Superintendents 
have been received from all the counties in the State, except- 
ing Brown, Fulton, Henry, Lucas, Pickaway, Williams and 
Wood " * * * * * * * 

" An examination of the table of abstracts, furnishes evi- 
dence that an improvement is gradually taking place in respect 
to the employment of female teachers. The relative number of 
female teachers employed is increasing, though not as rapidly 
as is desirable. Out of 14,056, the whole number reported 
for the State, 5,706 are females, being about forty per cent. 
In 1849, the whole number reported was 12,379, of whom 
4,371 were females, being about thirty-five per cent. In the 
following counties the number of female teachers exceeds the 
males, viz: Ashtabula, Athens, Cuyahoga, Defiance, Dela- 
ware, Erie, Geauga, Huron, Lake, Lorain, Mahoning, Me- 
dina, Meigs, Ottawa, Portage, Trumbull, Union, Washington." 
# * # # # # # * 

" A larger sum is raised by a tax of one mill upon the dol- 
lar, now, than was yielded by a tax of two mills in 1838. The 
total amount of taxable property upon the tax duplicates of 
the different counties in the State, in 1838, was $106,953,018, 
while the amount now is $452,652,708. A tax of one mill 
upon the dollar will therefore raise over $450,000 ; a sum 
larger, by one-half, than the increased amount of $300,000 
proposed hereafter to be distributed by the State. 

When these provisions are carried out, and the amounts 
thus required by law are furnished by the State, and by the 
counties respectively, as will be the case in 1853, if no changes 
are made in the law, the whole amount of public funds (in- 
cluding special and trust funds), distributed by the State, and 
contributed by the several counties, will be but little, if any, 
less than one million of dollars. Meantime the provision, so 
far as the counties are concerned, will be made available next 
season, and our schools will then begin to realize the effect of 
an increased expenditure in their behalf." 

To these extracts from the Secretary's report, may be added 
some paragraphs of interest from the report of Lorin Andrews, 
as the agent of the State Teachers' Association. They will 
show that the agent of the teachers had nearer relations to the 
school interests of the State, and weightier influence for their 
advancement, than the official Superintendent : 

"The committee commenced its labors with three principal 
objects in view: First, to grow up a strong public senti- 



ACTION UNDER THE NEW CONSTITUTION. 3S1 

ment, which will be satisfied with nothing less than an edu- 
cational system, which will afford to every child in the State, 
a proper physical, intellectual, and moral development ; sec- 
ond, to recommend to the towns and cities of the State, the 
adoption of the Union School system ; and third, to improve 
teachers and elevate the profession of teaching. 

" It is hoped that something has been done during the past 
year to advance each one of these important objects. The 
committee has secured the delivery of more than two hundred 
practical educational addresses, to large assemblies of citizens 
in various parts of the State. The minds and hearts of not 
less than sixty thousand citizens of Ohio, have been appealed 
to and influenced by the truths presented and illustrated in 
these evening lectures. In addition to this, three thousand 
teachers, who have been assembled in the Institutes during 
the past year, and whose love for their profession has been 
thereby increased, and their zeal for the improvement of our 
common schools has been quickened, have gone out as effi- 
cient, intelligent missionaries, into three thousand distinct 
fields of labor, better qualified, not only to teach, but also to 
preach school. Through these instrumentalities, it is hoped 
much has been done, and that much more will be done, for 
the education and elevation of a strong public sentiment, 
which will demand 'a school system for our State, unparal- 
leled for the liberality of its provisions, the wisdom of its 
measures, and the harmony and efficiency of its operations.' 

" About seventy of the towns and cities of the State, have 
established Free Graded schools, and of these, more than fifty 
have been organized within the past three years, and by the 
adoption of the law of 1849 'for the better regulation of Pub- 
lic Schools in cities, towns, etc' Although the unparalleled 
success which has attended the establishment of Union Schools 
in Ohio, is very encouraging to the friends of education, yet 
it should be remembered that there are at least one hundred 
and fifty remaining towns in the State whose educational 
interests imperatively demand the immediate organization of 
Free Graded schools. 

"During the past year, thirty towns have been visited, and 
their citizens have been publicly addressed upon the advan- 
tages and economy of the Union School system. Some of 
these towns have already organized Union schools ; and sev- 
eral others, it is believed, will soon follow their good ex- 
ample." ******* 

"In order to elevate the profession of teaching, the com- 
mittee has principally relied upon the holding of Teachers 



382 ACTION UNDER THE NEW CONSTITUTION. 

Institutes. Probably no instrumentality in so short a time, and 
at so little expense, can effect so great and extensive a work 
for the improvement of teachers, as well-conducted Institutes. 
In the outset of its labors, the committee found the great ob- 
stacle in the way of holding Institutes, was the impossibility 
of securing the services of a sufficient number of competent 
and experienced Lecturers to take charge of them. The most 
of the teachers in the State, who could thus be profitably em- 
ployed, were constantly and necessarily engaged in their own 
local fields of labor. In order to supply, in some small meas- 
ure, this deficiency, the chairman of the Executive Committee 
felt it to be his duty to leave his ' pleasant school ' and generous 
patrons, and devote himself wholly to this work. In February, 
a circular was issued to teachers and friends of education, 
calling for aid in the Institutes proposed to be held in the 
spring, and a like call was made during the summer, in order 
to secure help for the fall Institutes. In both instances, the 
appeal of the committee was heartily and generously re- 
sponded to by a noble band of men and women, who, at a 
great sacrifice of time and money, threw themselves resolutely 
into the work. During the year, application was made to the 
committee for aid, for forty-five Institutes ; but it was found 
utterly impossible to supply all with the desired assistance, 
at such times as would be convenient ; and hence, to the 
great detriment of the cause of education, several of the pro- 
posed Institutes could not be held. Several counties, such as 
Stark, Mahoning, Crawford, Seneca, Ashtabula, and Huron 
and Erie, were unaided by the committee with Lecturers from 
a distance, because it was well known that they contained 
within themselves, teachers who, from their experience and 
qualifications, could successfully instruct in their Institutes. 
Sor were the committee disappointed in the result, for in no 
counties have more spirited Institutes been held." * * * 

"There is a wide-spread, hopeful anticipation, extensively 
prevalent in our State at this time, of efficient action in favor 
of education by the next General Assembly, the first to con- 
vene under the new Constitution. Should the Legislature 
fail to satisfy these just expectations, a strong public senti- 
ment will be grievously outraged. 

"In a large number of Institutes, resolutions were unani- 
mously passed in favor of a more thorough supervision of 
educational interests, by the appointment of a State Superin- 
tendent and four or more District Superintendents. It is the 
undoubted opinion of the great mass of teachers and friends 



ACTION UNDER THE NEW CONSTITUTION. 383 

of education in our State, that one Superintendent can not do 
the great work which ought to be done." * * 

"An absolutely necessary 'prerequisite to the permanent 
and proper improvement of the country schools, is an en- 
largement of the school districts. In brief, some of the many 
advantages of an enlargement of school districts, would be a 
better classification of pupils ; a less frequent change of 
teachers and text-books, more system and skill in the meth- 
ods of teaching and governing ; a much less expenditure of 
money for the same amount of instruction ; longer sessions of 
the schools ; thus teaching would become a permanent em- 
ployment; teachers would be better qualified, and pupils at 
fourteen years of age would be made better scholars than now 
at twenty." 

The educational questions before the people of Ohio at the 
beginning of the year 1852, were the importance of Union 
schools — the necessity of Normal schools — the need of a State 
Superintendent — the advantage of School Libraries, and the 
full recognition, by statute, of the doctrine that the property 
of the State should educate the children of the State. 

In his report for 1851, the Secretary of State argued with 
spirit the justice of the claims made by the friends of Uni- 
versal Education for these measures. In reference to the 
encouragement of Union schools, he made suggestions which 
deserve to be remembered. He said: 

"In a large portion of the State, the townships are laid off 
in a square form, and in sizes varying from five to six squares. 
They are usually intersected by roads running across them, 
at convenient distances, and have one or more settlements, 
more often occurring near the middle of the township than at 
any other point. Now, if one or more schools of a higher 
grade, corresponding to the Central or High School of the 
Union school system, could be established at suitable points 
in the township — say at the points where the thickest settle- 
ments have been made — adapted to scholars of greater age 
and better attainments in their studies, it would unquestion- 
ably be an advantage — an inestimable advantage — to all the 
schools, and to all the youth in such township." * * * 

"It may indeed be doubted, whether a single well-con- 
ducted High School, in many of the townships of the State, 
would not do more to educate the youth of the township, than 
all schools now taught therein. "Witness the salutary influence 



384 ACTION UNDER THE NEW CONSTITUTION. 

which a single academy will often exert upon the community 
in which it is taught. Witness the influence often exerted by 
a single pupil of such an academy, in the family circle to 
which he or she may belong ; and especially upon the younger 
members of the family. But the Union High School can 
easily be made as good as the best of academies, and many, 
if not all the townships of the State, can be supplied with one 
or more such schools. Nothing is required to accomplish 
this desirable result, but proper energy on the part of parents 
and guardians, and a moderate increase of funds now ex- 
pended upon schools of comparatively little value." 

In his views the Secretary was supported by the Governor,* 
and both these officers were sustained by the Agent of the 
State Teachers' Association, and by the leading newspapers 
throughout the State. 

The need of a State Educational journal, under the auspices 
of the Association, as well as the necessity of a Normal 
school, had been regular topics of private and public dis- 
course, before the Association was two years old. The Asso- 
ciation did not feel strong enough, however, to undertake 
even the desired journal, until 1852. 

A monthly journal, called the Ohio Teaoher, was started 
by Thomas Rainey*, in 1851, which was encouraged by many 
leading educators ; but it did not represent generally the sen- 
timent of the State Teachers' Association, and was inefficient 
and short-lived. 

At the annual meeting for 1851, as before stated, a monthly 
organ was determined upon, and Asa D. Lord was elected 
resident editor, with H. H. Barney of Cincinnati, M. F. Cow- 
dery of Sandusky, J. W. Andrews of Marietta, J. C. Zachos 
of Dayton, and Andrew Freese of Cleveland, associate editors. 
Members of the Association pledged a list of twelve hundred 
subscribers, and the Journal was commenced with spirit. It 
supported with vigor the action of the Association, and had 
weighty influence in the educational movements of 1852 
and 1853. 

* See page 237. 



ACTION UNDEK THE NEW CONSTITUTION. 3S5 

The action of the Constitutional Convention, and of the 
first General Assembly under it, by which the common school 
system of Ohio was revised, is so well sketched in another 
part of this work,* that it is proper here to pass immediately 
to the events which directly preceded the official career of the 
first State Commissioner of Common Schools. 

But it is not improper to remind the reader, that the new 
law was, in the main, a consolidation of statutes in force ; and 
that in its new features, no great educational needs were 
recognized, which had not been discussed and plead for by 
Ohio educators during twenty years. 

As described by H. H. Barney, the prominent provisions 
which were new — improvements in the estimation of those 
who advocated and enacted the law — may be stated aa 
follows : 

1. A State school tax was substituted for the county tax. 

2. A township Board of Education, consisting of a repre- 
sentative from each district (or sub-district, in the language 
of the act), succeed to the power, previously vested in the 
township trustees, of making or altering districts, and are 
intrusted with' the general administration of schools in the 
township, the assessment of taxes requisite for the construc- 
tion and repair of school -houses, the selection of their sites, 
the title, care, and preservation of all school property, and 
kindred duties not inconsistent with those enjoined upon the 
local directors in each sub-district. 

3. "Free education to all the youth in the State," and the 
abolition of rate bills. 

4. A fund of one-tenth of a mill yearly, "for the purpose 
of furnishing school libraries and apparatus to all the com- 
mon schools in the State." 

5. The supervision of the system by a State Commissioner 
of common schools. 

No words are here necessary to show any one who has 
read the foregoing pages attentively, that the law of 1853 
was not in advance of the general educational sentiments, or 
of the practical ability of the State. 



* See pages 211 to 244. 

25 



386 ACTION UNDER THE NEW CONSTITUTION. 



CHAPTER VI. 

ACTION UNDER THE NEW CONSTITUTION CONTINUED. 

"William Trevitt, elected Secretary of State under the new 
Constitution, succeeded Henry TV. King in 1852. In his 
report on the condition of common schools for that year, to 
an adjourned Session of the Legislature, Mr. Trevitt confined 
himself mainly to a presentation of statistics, but repeated with 
zeal the argument of his predecessor, in favor of a revision 
of the school system. 

At the semi-annual meeting of the Teachers' Association, iu 
Sandusky, the school bill, reported by the Senate committee 
the winter previous, was indorsed by three hundred teachers, 
representing the interests of education in forty-three counties 
of the State. 

At the time of this semi-annual meeting in Sandusky, an 
Association was formed for the promotion of Female educa- 
tion. There had been, from time to time for ten years, active 
interest in different localities for that purpose, but the move- 
ment of July, 1852, was the first one, general in its scope. 

P. B. Wilber of Cincinnati, was elected President, and A. 
D. Lord Secretary ; J. C. Zachos of Dayton was chosen chair- 
man of the Executive Committee. Questions of importance 
were discussed, and gentlemen of experience were appointed 
to report upon them, at Columbus, in December following. 

At the annual meeting of the Teachers' Association, M. F. 
Cowdery delivered an address, in which, speaking of what 
he knew from observation, he said : 

" Those who are acquainted with the recent history of our 
State, are aware, that five years since, the cities and larger 



ACTION UNDER THE NEW CONSTITUTION CONTINUED. 387 

towns of Ohio, with two or three exceptions, perhaps, were 
entirely destitute of a system of classified public schools, — 
generally, nearly or quite destitute of school buildings of any 
value, and as might well be expected, destitute of proper dis- 
cipline, as well as properly digested systematic courses of 
instruction. 

" Nurseries of confusion instead of order, of coarseness and 
obscenity instead of refinement and delicacy, they had sunk 
so low in public estimation, that many a good citizen had 
felt the conviction, that the common school system could 
never prove a suitable and reliable agency for educating the 
children of the State. The duty which public authorities had 
assumed, of providing wholesome instruction for the young, 
had, for a series of years, either been so unfaithfully met, or 
the whole system had within it such intrinsic elements of 
weakness and decay, that all expenditures of talent and money 
upon it seemed to promise but slight returns of beneficial 
results to society. Private tutors, private institutions, pri- 
vate and special instruction in some form, seemed to be the 
only alternative to the parent deeply anxious for a suitable 
education for his offspring. In the country school districts, 
better confidence prevailed, scarcely better buildings and no 
better classification. 

"We have the rich and rare pleasure, now, of witnessing 
important changes in the educational condition of our State. 
Great interests that seemed in imminent peril, through the 
neglect or indifference of their proper guardians, have re- 
ceived some attention, some thought, some sympathy. In 
three-fourths of the towns of Ohio, with a population of one 
thousand inhabitants and upward, substantial school build- 
ings have been erected by the free contributions of the people ; 
the schools themselves have been more or less accurately 
classified, thus preparing the way in the best possible manner 
for all other practicable improvements ; and lastly, the confi- 
dence of the public in the capacity of the common school 
system to afford a suitable education to all, has been almost 
immeasurably increased." 

The teachers who heard these words, elected Joseph Ray 
of Cincinnati, as the president of the Association for 1853, 
and determined to continue Lorin Andrews as chairman of 
the Executive committee, and as State agent. Fifteen hun- 
dred dollars a year were guaranteed Mr. Andrews, as a 
salary; and he was encouraged to go on, as he had begun, 



388 ACTION UNDER THE NEW CONSTITUTION CONTINUED. 

in the strongest language which could be summoned by the 
committee on resolutions. 

Mr. Andrews reported to the Association, that thirty-one 
Institutes had been held in 1852 — that the Journal of Edu- 
cation had proved self-supporting, with an edition of three 
thousand copies ; and that Union schools were being liberally 
encouraged. Reviewing the past, and hoping for the future, 
he said : 

"There are about eighty Union schools in operation in the 
State. Their statistics indicate that the school-houses, includ- 
ing the grounds attached, are worth about $750,000 ; that the 
total annual expenditures for the support of these schools, 
including the cost of fuel and the interest on the value of 
school buildings amount to about $325,000 ; and that the 
average length of the school year is over ten months. The 
above figures are clearly indicative of a readiness on the part 
of the people of Ohio, to adopt liberal measures for the im- 
provement of public schools." * * * * 

" Gratifying evidences of an increased and increasing edu- 
cational spirit, present themselves in every portion of our 
great State. During the last five years, many school build- 
ings have been erected in Ohio, which, by the amplitude of 
their structure, the commodiousness of their plan and the 
beauty of their finish, would do honor to the wealth and liber- 
ality of older States, more than one million of dollars has 
been raised to endow higher institutions of learning ; at least 
eight thousand teachers have been assembled in Institutes, 
and have thus been better prepared to act efficiently as mis- 
sionaries in the great work of education, the professional 
teachers of the State, by their untiring efforts, their self-sacri- 
ficing spirit, and the bold comprehensiveness of their plans, 
have not only done themselves lasting honor, but they have 
set an example worthy of imitation by the teachers of other 
States; from a condition of great indifference on the subject 
of education, the great mass of the people have become 
friends and advocates of free schools, and now, more than 
one-half of the five hundred millions of property in the great 
State of Ohio, by the voluntary votes of its possessors, is taxed 
to support schools which afford the advantages of intellectual 
and moral culture, as free as the air of heaven to the children 
of the State, and in addition to these evidences of progress, 
we now have, what we have not very frequently had — a Gen- 
eral Assembly, the members of which seem anxiously to 



ACTION UNDER THE NEW CONSTITUTION CONTINUED. 389 

desire to advance the interests of education by prudent and 
proper legislative action." 

The Teachers' Association expressed sympathy with the 
movement for Female education, and at a meeting of the 
friends who had organized at Sandusky, Mr. Wilber was 
re-elected President, and Dr. Lord Secretary of the Associa- 
tion for the Education of Women. 

The year 1853, opened under auspices favorable to educa- 
tion ; auspices more favorable than had ever crowned the 
opening of a year in Ohio. The Journal of Education, in a 
salutatory for its second volume, congratulated the Teachers 
of Ohio, and the friends of education, as follows : 

"In no other country, in no State of our Union, has a 
body of Teachers attempted what has been undertaken here. 
Teachers have generally been content to follow the lead of 
Boards of Education, to go forward in the work of improving 
themselves, and elevating their schools as fast, and as far as 
the requisitions or the demands of public sentiment required. 
In the absence of correct views of the importance of provid- 
ing the means of educating all the youth of the State, and of 
efficient legislation for the promotion of this object, our Asso- 
ciation has undertaken to disseminate, as widely as possible, 
by the aid of the press, and the living speaker, such informa- 
tion as will lead to the formation of correct opinions on this 
whole subject, impress upon the minds of all an abiding con- 
viction of the magnitude of the interest involved, and as soon as 
possible secure from the Legislature a School System, which, 
in the comprehensiveness of its policy, the liberality of its 
provisions, and the efficiency of its administration shall be 
worthy of the State, and the age in which we live." 

These words were true and well deserved. The fifth semi- 
annual meeting of the Association at Dayton, in July, 1853, 
added additional significance to them. Rev. E. V. Gerheart 
delivered an address upon " Government in its Relations 
to Education," and Chauncey N. Olds spoke upon " The 
Bible as a Basis of Education ;" Benn Pitman addressed the 
Teachers upon Phonetic Reform, and discussions were had 
and resolutions were adopted, showing that the Teachers of 
the Association were well prepared for the increased advan- 



390 ACTION UNDER THE NEW CONSTITUTION CONTINUED. 

tages to them and to their pupils, promised under the law of 
the March previous. 

A new force was added to the educational instrumentalities 
of the State, by the appointment, at Dayton, of C. S. Royce, 
as Agent of the State Phonetic Society, which had been or- 
ganized in January, 1853, with Elias Longley of Cincinnati, 
as President. 

Mr. Royce issued circulars to the friends of education and 
to educational societies, offering his services as a lecturer ; and 
from that time up to the present, has been a self-sacrificing 
laborer for the promotion of the general interests of education 
as well as for the furtherance of Phonetic sentiment, and the 
imparting of Phonetic instruction. 

The new law abolished the official relations of the Secre- 
tary of State to the common schools, but made no provision 
for supplying the deficiency, consequently a State School De- 
partment was wanting, until February, 1854, and the act 
went into operation under great disadvantages. It was sus- 
tained, however, with vigor by the Agent of the Teachers' 
Association, and by nearly all the teachers of every county; 
yet, lacking an official exponent and defender, met opposition, 
which, under other circumstances, might not have been ar- 
rayed against it. The Secretary of State gave it attention 
whenever called upon; but, having no authority, except that 
which grew out of the prestige of his office in the past, his 
influence was not weighty. 

Lorin Andrews, and H. H. Barney, were the candidates 
for the office of School Commissioner, created by the law of 
1853. Mr. Barney was elected. To the Legislature of 1853-4, 
in response to a Senate resolution, he reported a series of an- 
swers to questions on the School Law, but his first regular 
report was made for the year 1854. 

His communication to the Senate was published with a 
report from the Secretary of State, of what statistics had been 
sent him, and a report upon petitions respecting the School 
Law, from a Senate Committee, consisting of G. W. Stokes, 
Heslip Williams and Ira Norris. This committee was in 



ACTION UNDER THE NEW CONSTITUTION CONTINUED. 391 

favor of the School System, established by the new law. Coin- 
mending a few minor amendments, they presented a sketch 
of the opposition, which can best be understood in their own 
words : 

u The whole number of petitions, praying for the repeal or 
alteration of the present school law, is forty-one ; twenty-five 
of these are from the counties of Ashtabula and Richland, and 
the balance from Fairfield, Ashland, Morrow, Montgomery, 
Crawford, Holmes and Cuyahoga, seventy-nine counties 
having sent up no petitions, requesting either the repeal or 
alteration of the school law. 

" The entire number of petitioners is, one thousand seven 
hundred and thirty-three ; of these, nine hundred and fifty- 
seven reside in Ashtabula and Richland counties, and four- 
fifths of the whole number reside in the five counties of Ash- 
tabula, Richland, Fairfield, Morrow and Ashland. 

" More than one-half of the petitioners, virtually pray for 
the repeal of the entire law ; and nearly all desire the aboli- 
tion of the office of State Commissioner of common schools, 
and the repeal of the provisions of the law, creating Town- 
ship Boards of Education, and authorizing a State tax of 
one-tenth of one mill on the dollar valuation, for the purpose 
of furnishing school apparatus and libraries to all the com- 
mon schools of the State. 

" A large number of the petitioners pray for a reduction of 
the State levy, and assessment of two mills on the dollar, 
which was created for the express purpose of affording the 
advantages of a free education to all the youth of this State ; 
also for the restoration of the old independent district system ; 
also for the election of school examiners at the annual town- 
ship meetings ; also for vesting in the local directors the right 
to employ teachers without certificates of qualification, and to 
keep their schools in session such length of time as may be 
agreed on by the inhabitants of the district. 

" Inasmuch as the great bulk of the petitions and memo- 
rials have come from less than one-twentieth of the counties 
in the State, the others having solicited no changes directly or 
indirectly ; and inasmuch as the prayers of these petitioners 
are exceedingly diverse, and the reasons assigned for them 
are still more diverse, the committee can not derive from them 
any satisfactory indication of what the petitioners themselves 
most desire; and much less the general wish of the great 
body of the people." ***** 

"It is believed that the law is in perfect accordance with 



392 ACTION UNDER THE NEW CONSTITUTION CONTINUED. 

the educational spirit and tendency of the age, and of the 
grand idea that the great end of public instruction is not 
merely to have schools, but to have good schools, having all 
the means and appliances calculated to arouse thought, disci- 
pline mind, form good mental habits and tastes, and cultivate 
good principles." 

The committee, except upon the tax clause, agreed in 
reporting against material changes in the law. Mr. ISTorris 
dissented on this point, contending that one and a half milla 
levy was sufficient. 

Mr. Barney published an able pamphlet, in answer to the 
petitions, which, with the report just quoted from, and the 
active personal exertions of friends of education, was suffi- 
cient to prevent the Legislature from impairing the efficiency 
of the law.* 

At the annual meeting of the teachers in 1853, Horace 
Maun delivered an address on the " Motives of Teachers," 
and Rev. Dr. Thompson lectured upon " The Moral Influence 
of the Teacher." 

Lorin Andrews resigned his agency and his post as Chair- 
man of the Executive Committee. He reported a still grow- 
ing interest in schools, and gave statistics of thirty-eight 
Institutes for 1853. He said there were about one hundred 
Graded Schools in the State, and was confident that rural dis- 
tricts were to be benefited by the new law. A. D. Lord was 
elected Chairman of the Executive Committee and Agent of 
the Association, and Mr. Andrews was unanimously chosen 
President. 

For several years the teachers had discussed the need of a 
State Normal School, and in 1853 it was determined that the 
Association should take the initiatory steps for the establish- 
ment of such a school. 

This determination was realized in the summer of 1855, 
when Cyrus McNeely of Hopedale, Harrison county, pre- 
sented the Association with land and buildings, valued at 

* See page 233. 



ACTION UNDER THE NEW CONSTITUTION CONTINUED. 393 

$11,000, and the teachers accepted the gift, pledging them- 
selves to contribute $10,000 for the support of the Institution ; 
a pledge they have nobly fulfilled. 

Before sketching Mr. Barney's official relations to the com- 
mon schools of Ohio, we may take notice that the Teachers' 
Association held regularly, during 1854, '55 and '56, its semi- 
annual and annual meetings. Growing each year in interest 
and solid character, it must continue to exert upon educational 
movements directly, and upon schools indirectly, influences 
which cannot be too highly regarded by those who have pride 
and hope in our common school system. 

Andrew J. RickofTof Cincinnati, succeeded Lorin Andrews 
as President, and he was succeeded in 1856 by Rev. Anson 
Smyth of Toledo, who had been chosen editor of the Journal 
of Education, at the resignation of A. D. Lord, in 1855. 
John Hancock of Cincinnati, succeeded Dr. Lord, as Chairman 
of the Executive Committee, and he now holds that place. 
M. F. Cowdery, who through all the trials of the Association, 
has been chairman of the Finance Committee, is likely to 
guard its pecuniary interest during life. 

The Association was addressed, during the three years, 
about which we now write, by I. W. Andrews, on " The 
Teachers' Calling," and James W. Taylor on "The History 
of Ohio," at Zanesville, in July, 1854; by Rufus King of 
Cincinnati, on "The Responsibilities of Teachers," and Jehu 
Brainard of Cleveland, on "Natural Sciences," at Cincinnati, 
in December, 1854 ; by J. M. Root of Sandusky, and Rev. J. 
A. Thome at Cleveland, in July, 1855 ; by Rev. D. S. Bur- 
nett, on the " Life and Character of Joseph Ray," and Melvin 
Clark of Marietta, on "Popular Education as an Element of 
Republicanism," in December, 1855 ; by Rev. J. B. Bittenger 
of Cleveland, on "The Will, as an Educational Power," and 
Rev. Dr. Hitchcock of Western Reserve College, on " Intel- 
lectual Life," at Mansfield, in July, 1856 ; by Rev. W. S. 
Kennedy of Sandusky, on " What Common Schools should 
be;" by W. T. Coggeshall, on "The History of Common 
School Movements in Ohio ;" and by Rev. J. B. Walker of 



394 ACTION UNDER THE NEW CONSTITUTION CONTINUED. 

Mansfield, on " Faith, as a Basis of Moral and Intellectual 
Life," at Columbus, in December, 1856. 

"Without explicit acknowledgment of the good accomplished 
by the State Teachers' Association, it would be unfair to close 
this chapter. In his first report (for 1854) as Agent of the As- 
sociation, Dr. Lord gave a summary of what had been accom- 
plished since its organization, which can be here fitly quoted : 

" During the year 1847, in which our society was formed, 
the whole sum appropriated by the State for education of 
754,193 children and youth of school age, was $288,660 55, 
or a little more than thirty-eight cents per scholar. How 
many were benefited by the schools of that year is not known, 
as the number of scholars enrolled was reported from only 
ten counties, and the average attendance from only forty-six 
of the eighty-three counties. Judging from those reported, 
about 500,000 were enrolled, and the average attendance was 
about 140,000. During the past year, the number of children 
enumerated was 811,957; the whole sum appropriated by the 
State was $1,233,276 26, or $1.51 for each youth between five 
and twenty-one years ; the number enrolled in the schools was 
612,185, and the average daily attendance, 367,594. So that 
the State paid $2.01 for each child instructed, and $3.35 for 
each one in actual daily attendance. 

" At the commencement of 1847, there was not a single 
well organized Public High School in the State ; now there 
are more than forty, in which a thorough Academic education 
is given, beside nearly an equal number in which instruction 
is given in some of the higher branches. Then, no city or 
town in the State, except Cincinnati, had a system of regularly 
classified Public Schools, now about one hundred towns are 
enjoying the benefits of such schools. But the interest felt in 
the cause of education, and the appreciation of its benefits 
may perhaps be judged more correctly by the salaries paid to 
teachers than by any other standard. At that time the high- 
est salary paid to any teacher of common schools was $600, 
and it is believed that no teacher, out of Cincinnati, received 
a salary of more than $540. During the past year, at least, 
four superintendents and principals have received a salary of 
$1,500 ; some five or six have been paid $1,200 ; some twenty 
have received $1,000 or more ; and a larger number have been 
paid $600 or more. A similar increase of the compensation 
of females, and of teachers of every grade has been made, 
though it is not possible to determine the average salaries 



ACTION UNDEK THE NEW CONSTITUTION CONTINUED. 395 

paid to teachers of district schools, in 1847, for the wants of 
the statistics. 

" This increase of compensation to teachers, and the change 
of public sentiment, which has caused people in a large num- 
ber of districts to pay $100, or more, per quarter for the ser- 
vices of a teacher (when several years since they were less 
willing to pay $45 or $50, for the same length of time), may 
be attributed mainly to the efforts of our Association for the 
professional improvement of Teachers ; since, even to the 
present time, the State has done next to nothing to encourage 
this work. Previous to 1817, only eleven Teachers' Institutes 
had been attended, in which 1,270 teachers had been instructed ; 
during that year, thirteen were held, which were attended by 
1,200 teachers. Since that time, an average of more than 
3,000 have been instructed in these schools each year. The 
expense of attending these sessions of one week is not less than 
an average of $5.00 to each teacher ; multiplying this, by the 
number who have attended them, we have $15,000, as the 
lowest estimate of the sum which has yearly been expended in 
this manner by teachers for their professional improvement." 

The subjoined statement of the number of Teachers' Insti- 
tutes, held in the State for ten years, and the number of pupils 
attending them, may be appropriately considered in connec- 
tion with the claims made for the Teachers' Association by 
its Agent. 

STATISTICS OF TEACHERS' INSTITUTES IN OHIO FOK TEN TEAKS. 



Dates. 


No. Institutes. 


No. Pupils. 


1845 


2 


240 


1846 


9 


997 


1847 


13 


569 


1848 


19 


1500 


1849 


20 


1600 


1850 


25 


2000 


1851 


41 


3251 


1852 


31 


2824 


1853 


38 


373S 


1854 


41 


2198 


Total. 


239 


18917 



396 LABORS OF COMMISSIONER BARNEY. 



CHAPTER XII. 

LABORS OF COMMISSIONER BARNEY. 

The popular Educational forces of the State, when H. H. 
Barney entered upon the discharge of his duties as Commis- 
sioner of Common Schools, were : the State Teachers' Asso- 
ciation — a Phonetic Society — a Society for the Improvement 
of the Education of Girls — County Educational Societies, 
Teachers' Institutes, and Normal Classes. 

His labors, varied and novel, were, in many respects, ren- 
dered lighter by these auxiliaries, but they served him rather 
in the awakening of popular interest than in the administra- 
tion of the law ; of which he was necessarily the expounder, 
and for which he was officially the advocate. 

His first report, for the year 1854, was confined chiefly to 
the statistics of Schools as reported ; to a historical outline of 
school progress, and to arguments for the new law, upon 
the measures in which it differed from, or reached farther 
than, the statutes it had repealed. 

The important facts of the report have been given already 
in this work, in contrast with the principal items of school 
interest for 1855,* and we may here quote from Mr. Barney's 
second report, a paragraph expressing what he considered 
the phrase, " Common Schools," to imply. 

" A thorough and efficient system of common schools 
throughout the State," is the object proposed by the sixth 
article of the constitution ; and it is an inquiry of particular 
interest, what construction we shall give to the term ' com- 
mon schools.' In the infancy of public provision for this 
object, perhaps a limitation of the course of study to a few 
elementary branches, might have satisfied public opinion ; but 
in the progress of popular instruction, the welfare of the State 

* See page 246. 



LABORS OF COMMISSIONER BARNEY. 397 

has long since suggested a different construction. "We now 
think and speak of common schools as lawyers are accustomed 
to mention the common law — not as limited or insignificant 
in scope or importance — but as the ' birthright ' of the youth 
of the commonwealth, free to all and denied to none. It has 
become the laudable purpose, both of government and people, 
to supply to the rising generation from infancy to majority — 
or from the ages of five to twenty-one — the opportunity for 
mental improvement and the acquisition of useful knowledge : 
nor, of course, with such an aim, can the schools of the people 
be suffered to fall behind the cotemporary standard of in- 
struction. 

" There is another sense in which our public schools are 
common. The constitution prescribes that 'no religious or 
other sect or sects shall ever have an exclusive right to, or 
control of, any part of the school fund in this State.' Such a 
prohibition is made necessary by the separation of church and 
state, which is so vital an element of our Republican system. 
If government is properly restrained from any interference 
with the religious opinions of the citizen, neither can the 
teacher, who is the agent of government for the instruction of 
youth, exercise any rightful control of that nature over the 
pupil. There is a common ground of morals, where men of 
all creeds meet in harmony ; the law requires every teacher 
to be a person of good moral character ; and however difficult 
to determine where this universal agreement of good men 
begins or ends, yet no duty is clearer than that enjoined upon 
the authorities and teachers of public schools, under no cir- 
cumstances to depart from a strict neutrality between religious 
sects." 

Under these views Mr. Barney recommended the encourage- 
ment of Agricultural Schools, and the support of Normal 
Institutes. In relation to Institutions for the Instruction of 
Teachers, which had been established in the State, he ex- 
pressed himself as follows : 

" It affords me pleasure to add that Mr. Cyrus McNeely of 
Hopedale, Harrison county, has donated buildings admirably 
adapted for school purposes, and thus occupied, hitherto, to 
the endowment of Normal Schools. The gift includes spa- 
cious and beautiful grounds; has been appraised at $11,600, 
but is subject to the condition that the State Teachers' Asso- 
ciation shall raise the additional sum of $10,000. An effort 
is now making to comply with this condition ; and no wor- 



398 LABORS OF COMMISSIONER BARNEY. 

thier object for the aid of the State is likely to be presented 
for the consideration of the General Assembly. 

"The McNeely Normal School was organized by the elec- 
tion of eleven trustees, who have appointed Cyrus McNeely 
President, Asa D. Lord Secretary, and George K. Jenkins 
Treasurer. The regular course will occupy two years, to 
enter upon which, with profit, the students should already be 
familiar with the branches usually taught in schools. 

"The studies of the first year are, Reading, Orthography 
and Phonetic Analysis ; Penmauship and the Elements of 
Drawing; Geography, History and the Constitution of the 
United States ; English Grammar, and the Analysis of Words 
and Sentences ; Arithmetic, Mental and Written, Elements 
of Algebra; Physiology and the Laws of Health; Natural 
History and Botany ; Natural Philosophy and Astronomy, 
Elementary Geometry and Mensuration. 

" The studies of the second year, are Language, its History 
and the Various Modes of Analysis ; Physical Geography 
and Meteorology ; Geology and Mineralogy ; Chemistry, 
Geometry and Trigonometry ; Universal History ; Mental 
and Moral Philosophy; Natural Theology; Evidences of 
Christianity; Logic, Rhetoric, Elements of Criticism. 

"An Academic Department will also be sustained; and 
arrangements are making for an Experimental School, in 
which the children of the village of Hopedale may be taught 
by the pupil-teachers. The school year of the Institution con- 
sists of forty weeks, and the price of tuition is $20 in the 
Academic, and $30 in the Normal Department. 

" A similar enterprise has been undertaken at Lebanon, 
Warren county, under the designation of the 'Southwestern 
State Normal School.' Mr. Alfred Holbrook, with five as- 
sistants, are announced as teachers. The organization resulted 
from a general concert of action among those engaged in the 
instruction of youth, and is auxiliary to the Ohio State Teach- 
ers' Association — a very favorable location, and commodious 
buildings have been already secured — the first session has 
elapsed with seventy pupils in attendance, and all the indica- 
tions of future usefulness are very satisfactory. The terms 
are so arranged that while some young persons can pursue a 
regular course of training, study and practice in an experi- 
mental school, others, already engaged as teachers, can, during 
the interims of their own schools, attend a session of eleven 
weeks, more or less, without interfering with those pursuing 
a regular course of study, the latter being not unlike what 
is prescribed at the McNeely Institution. This temporary 



LABORS OF COMMISSIONER BARNEY. 

arrangement gives opportunity for teachers permanently en- 
gaged, to adjust the terms of their own schools so as to attend 
a part or whole of a session of eleven weeks at the Normal 
School ; while others, not permanently engaged, can enter the 
Normal School at any time that may suit their convenience, 
and, after devoting a reasonable period to special preparation, 
will doubtless find full compensation for the expense in the 
more ready demand for their services. The organization of 
the ' Southwestern State Normal School ' seems to be well 
considered, and is entitled to the confidence of the public." 

His appeals to the people and his arguments to the 
Legislature, Mr. Barney based, upon the following proposi- 
tions, which he claimed to be among the various means and 
plans, that had been fully tested and approved by enlightened 
Educationists, for rendering school systems efficient: 

" 1* Each city, town, incorporated village, and civil township, 
should compose but a single school district, and the 
schools thereof be confided to the management and 
control of a properly constituted Board of Education. 

"2. Properly constructed school-houses, occupying eligible 

sites, and possessing ample play grounds. 
" 3. "Well educated, efficient and devoted teachers. 

"4. Great care and thoroughness in the examination of 
teachers. 

" 5. Normal Schools organized and conducted with reference 
to the sole and definite object of instructing in the art 
of teaching. 

" 6. Properly managed Teachers' Institutes, Teachers' Meet- 
ings, and the formation of Teachers' Associations. 

" 7. Competent visiting agents charged with the important 
duty of organizing and superintending Teachers' In- 
stitutes, delivering educational addresses, and suggest- 
ing to teachers, in their own schools, the best manner 
of instructing classes. 

" 8. A system of vigilant and thorough supervision. 

"9. Teaching but few subjects at one time, and teaching 
them thoroughly. 

" 10. A judicious course of study and oral exercises for each 
class, department, and grade of the school. 

"11. A uniform series of class or text-books, and a strict 
adherence to it for a reasonable length of time. 



400 LABOKS OF COMMISSIONER BAKNEY. 

" 12. Judicious efforts on the part of teachers, parents and 
school officers, to induce all the youth of suitable age, 
resident within the district, to attend the schools. 

" 13. Unremitting efforts to secure regularity of attendance. 

" 14. The active and zealous co-operation of parents and 
school officers. 

u 15. Maps, charts, diagrams, globes, and other illustrative 
apparatus, for common schools, and chemical and 
philosophical apparatus for high schools. 

" 16. School district, or township libraries. 

" 17. The introduction of the system of gradation to the 
greatest practicable extent. 

"18. The establishment of high schools and high school 
departments. 

" 19. The education of youth at schools in their own neigh- 
borhood or township. 

"20. The education of both sexes at the same school,"pro- 
vided they can board at home, while attending it." 

These propositions the Commissioner explained and en- 
forced so amply and clearly, that his report for 1855 must 
long be regarded, by educational men, as among the most 
valuable documents upon free schools, published by our own, 
or any other State 

Neither in his First nor Second report, did Mr. Barney 
especially describe his own labors, nor record his observa- 
tions ; but in the report for 1856 we find the following : 

" During the past school year I have visited forty counties, 
lectured before seventy-one educational meetings, and visited 
a large number of schools. From my school visits, con- 
ferences with county auditors and other school officers, and 
from my observations generally, I have seen abundant and 
unmistakable indications of the steadily increasing popularity 
of our present school system. 

" The conviction seems to be gradually settling down upon 
the public mind, that our present school law, with a few 
slight changes and modifications, would compare favorably 
with the school law of any other State in the Union. 

"Within the last six months I have visited schools in 
several of the States, and endeavored to make myself thor- 
oughly acquainted with the general educational system 
adopted in them all. From these observations, as well as 



LABORS OF COMMISSIONER BARNEY. 401 

from the admissions made by a large number of the leading 
educationists of those States, I am fully convinced that not 
one of those systems, as a whole, is superior to our own. 
Indeed, it was often conceded that our system, taken as a 
theory, possessed many advantages over their own. Among 
these advantages, the provision for supplying the people with 
libraries and the schools with maps, charts, globes, and other 
illustrative apparatus ; the making of each city, incorporated 
village and township a single district for all purposes con- 
nected with the general interests of education ; the annual 
levy and assessment of one and a half mills upon the dollar 
valuation on the grand list of the taxable property of the 
State, and the distribution of the school funds thus raised, in 
such a manner as to afford the advantages of free education 
to all the youth of this State, were particularly referred to 
and commended. The flexibility of our school system was 
also spoken of as an admirable feature, and worthy of being 
introduced, as it has been, into the system of other States. 

"This excellent feature in our system is too often over- 
looked, or not duly appreciated. Hence it sometimes hap- 
pens, that the people in certain localities complain of a want 
of efficiency in the system, and that too, before they have 
availed themselves of the privileges and advantages which it 
offers. The fact is too frequently overlooked that, if the pro- 
visions of the general school law are not satisfactory, they 
possess ample power to become organized as to schools under 
the 'act for the support and better regulation of common 
schools in the town of Akronj' passed February 8, 1847, and 
the acts amendatory thereto ; or the ' act for the better regu- 
lation of schools in cities, towns, etc.,' passed February 21, 
1849, and the acts amendatory thereto. Again, if the people 
of any city, town or incorporated village, organize as to 
schools under either of the above acts, or under any other act 
creating a special school district, sec. 66 of the general school 
act, confers upon them the power of relinquishing their 
organization under those special acts, and of having their 
schools conducted and managed in accordance with the pro- 
visions of the general act. 

"By the provisions contained in sections 14 and 15, the 
Board of Education of any township in the State may, if the 
best interests of education and the wishes of the people 
demand it, unite two or more populous sub-districts into one, 
and establish therein such number of primary schools, and a 
school of such higher grade, as the public good and the wants 
of the people may require ; or the board may establish one 
26 



4:02 LABORS OF COMMISSIONER BARNEY. 

high school for the entire township, whenever the qualified 
voters thereof shall so determine by their votes, at a meeting 
called for the purpose, as provided in section 21. 

" The foregoing provisions, together with the power vested 
in the people, through their boards of education, to raise 
funds, by a township tax, for the purpose of prolonging their 
schools, would seem to afford all the educational privileges 
that could reasonably be desired. 

"It is to be regretted that, in some cases, township boards 
of education have either misapprehended or disregarded their 
duties, and neglected to make the necessary provisions for 
continuing the schools in operation in their respective town- 
ships for the length of time which the law requires, and 
which the inhabitants of the sub-districts desired. But this 
neglect is not so much the fault of the law as that of the 
people, in failing to elect those who, with intelligence and 
zeal, would carry the law into full and effective operation. 
The best school law which human wisdom could devise, 
would require enlightened and earnest school officers to work 
it, otherwise it would not secure its full measure of benefit to 
the people. No law can work or execute itself, or raise up, 
as by magic, wise and discreet officers where none can be 
found, or where the electors fail to exercise reasonable discre- 
tion, or manifest an intelligent interest in the selection of 
those who are to administer the law. A good law can not 
effect a good work unless it be well executed. 

"It is gratifying to be able to state that, wherever the 
people have been fortunate in the selection of competent school 
officers, and zealously co-operated with them in carrying the 
law into efficient operation, the schools have risen to a degree 
of excellence far above what they ever attained under any 
former school law. In all such localities the present law is 
highly popular ; for a fair trial of its adaptation to the char- 
acter, spirit and educational wants of the times, has fully dis- 
closed its merits, and justified its claims for the support of all 
those who believe that a wisely matured and judiciously orga- 
nized system of public instruction is, under a government like 
ours, an essential agent of civilization, and especially of that 
modern republican, democratic civilization which professes to 
aim at the greatest good of the greatest number ; and who 
also believe that education, thorough, systematic and univer- 
sal, is almost the only means by which all the rich and varied 
blessings of our free institutions can be preserved and perpe- 
tuated ; and that it is only under the guidance of knowledge 
that man's intellectual and moral powers can be duly devel- 



LABORS OF COMMISSIONER BARNEY. 403 

oped, wisely applied, and himself prepared for the full enjoy- 
ment of this improved civilization. 

"It is also encouraging and cheering to the heart of every 
true patriot, every sincere philanthropist, to be able to assure 
the friends of free schools that it is fast becoming -the univer- 
sal public sentiment of the intelligent, reflecting, philanthropic 
portion of the people of this State that, to withhold from the 
children of the State that intellectual and moral training which 
would give them the full command of every faculty, both of 
body and mind, which would call into play their powers of 
observation and reflection, and give them objects of pursuit 
and habits of conduct favorable to their own happiness, would 
be to deny them access to a large proportion of the best and 
noblest influences supplied by Christianity — by science and 
the arts ; that every child has the most undoubted right to 
demand at the hands of the State the establishment and main- 
tenance of such a system of public schools as would give him 
a place where his mental and bodily powers, his manners and 
morals could be trained up to a healthful, vigorous and grace- 
ful activity, and the proper foundation be laid to make him a 
thinking, reasonable being, an enlightened, virtuous citizen ; 
that it is the duty, as well as the noblest privilege of the legis- 
lature to establish a system of public schools on such a broad 
and liberal foundation that the same advantages, without 
being abridged or denied to the children of the rich, may be 
open at the same time to the children of the poorest and hum- 
blest parent ; that select or private schools, on account of 
their expense, being accessible only to the children of the 
more wealthy, must, on that account, always cause invidious 
distinctions between the rich and the poor, which ought not 
to exist anywhere, and especially in our own country, because, 
destined as all are to meet on the broad field of competition, 
and, at the same time, to labor together for the common weal, 
it is unwise to separate them in early life, and to make our 
schools, which ought to be so many bonds of union, the occa- 
sions of jealousy and inequality of privileges. 

" Indeed, it is rare to find a city, village, township, or even 
school district, in the State, in which the doctrine is not earn- 
estly and intelligently advocated, ' that education is a concern 
of government ; that government may of right, and is in duty 
hound to support it, and that the property of the State may 
be justly taxed for that support, on account of the protection 
which that property itself derives from the dissemination of 
intelligence through all classes of society.' The former 
theory, ' that the cost of education should be regarded as 



404: LABORS OF COMMISSIONER BARNEY. 

mainly a personal burden, which every man should bear for 
the education of his offspring, or else they should be doomed 
to go out into the world ignorant and degraded,' now finds 
very few advocates in any section of our State. The great 
mass of the people now believe that free common schools, 
occupying commodious, well furnished, warmed, and venti- 
lated houses, supervised by a discreet, efficient board of school 
officers, and instructed by teachers of sound education, mature 
judgment and large experience, should be considered as the 
peculiar objects of legislative care. 

" From their universality, reaching as they do every neigh- 
borhood, shedding their benign influence upon every family, 
and into every mind, expelling the primary causes of vice 
and crime, and erecting altars to patriotism and virtue, free 
schools ought to be cherished, supported, and defended, by 
every man who has property to be protected, or who would 
live in a peaceable neighborhood, or enjoy a quiet home. 

" It affords me great satisfaction to bear testimony to the 
fact that, wherever I traveled, and wherever I visited schools, 
or lectured, whether in city, village, or rural district, I never 
failed to find earnest, faithful, enlightened, eloquent advocates 
for the noble cause of free popular education. Among states- 
men, lawyers, physicians, clergymen, farmers, mechanics and 
merchants, there was no difficulty in finding those who were 
ready to proclaim from the house-tops and the hill-tops, in the 
eloquent language of an eminent jurist and statesman, — ' The 
idea of universal, free education is the grand central idea of 
the age.' Upon this broad and comprehensive basis, all the 
experience of the past, all the crowding phenomena of the 
present, and all our hopes and aspirations for the future, must 
rest. Our forefathers have transmitted to us a noble inherit- 
ance of national, intellectual, moral and religious freedom. 
They have confided our destiny, as a people, to our own 
hands. 

" Upon our individual and combined intelligence, virtue, 
and patriotism, rests the solution of the great problem of self- 
government. We should be untrue to ourselves, untrue to 
the memory of our statesmen and patriots, untrue to the cause 
of liberty, of civilization and humanity, if we neglected the 
assiduous cultivation of those means by which alone we can 
secure the realization of the hopes we have excited. Those 
means are the universal education of our future citizens^ 
without discrimination or distinction. Wherever, in our 
midst, a human being exists, with capacities and faculties to 
be developed, improved, cultivated, and directed, the avenues 



LABORS OF COMMISSIONER BARNEY. 4:05 

of knowledge should be freely opened, and every facility 
afforded to their unrestricted entrance. Ignorance should no 
more -be countenanced than vice and crime. The one leads 
almost inevitably to the other. Banish ignorance, and in its 
stead introduce intelligence, science, knowledge, and increas- 
ing wisdom and enlightenment, and you remove, in most 
cases, all those incentives to idleness, vice, and crime, which 
now produce such a frightful harvest of retribution, misery, 
and wretchedness. Educate every child, 'to the top of his 
faculties,' and you not only secure the community against the 
depredations of the ignorant and the criminal, but you bestow 
upon it, instead, productive artisans, good citizens, upright 
jurors and magistrates, enlightened statesmen, scientific dis- 
coverers and inventors, and dispensers of a pervading influ- 
ence in favor of honesty, virtue, and true goodness. Educate 
every child physically, morally, and intellectually, from the 
age of four to twenty-one, and many of your prisons, peniten- 
tiaries, and almshouses, will be converted into schools of 
industry and temples of science ; and the immense amount 
now contributed for their maintenance and support, will be 
diverted into far more profitable channels. Educate every 
child — not superficially — not partially — but thoroughly ; de- 
velop equally and healthfully every faculty of his nature — 
every capability of his being — and you infuse a new and 
invigorating element into the very life-blood of civilization — 
an element which will diffuse itself throughout every vein 
and artery of the social and political system, purifying, 
strengthening and regenerating all its impulses, elevating its 
aspirations, and clothing it with a power equal to every 
demand upon its vast energies and resources. 

"These are some of the results which must follow in the 
train of a wisely matured and judiciously organized system 
of universal education. They are not imaginary, but sober 
inductions from well authenticated facts — deliberate conclu- 
sions from established principles, sanctioned by the concur- 
rent testimony of experienced educators and eminent states- 
men and philanthropists. If names are needed to enforce the 
lesson they teach, those of Washington, and Franklin, and 
Hamilton, and Jefferson, and Clinton, with a long array of 
patriots and Statesmen, may be cited. If facts are required 
to illustrate the connection between ignorance and crime, let 
the official return of convictions in the several courts of the 
State for the last ten years be examined, and the instructive 
lesson be heeded. Out of nearly 28,000 persons convicted 
of crime, but 118 had enjoyed the benefits of a good common 



406 LABORS OF COMMISSIONER BARNEY. 

school education ; 414 only had what the returning officers 
characterize as a 'tolerable' share of learning; and of the 
residue, about one-half only could either read or write. Let 
similar statistics be gathered from the wretched inmates of 
our poor-house establishments, and similar results would 
undoubtedly be developed. Is it not, therefore, incomparably 
better, as a mere prudential question of political economy, to 
provide ample means for the education of the whole com- 
munity, and to bring those means within the reach of every 
child, than to impose a much larger tax for the protection of 
that community against the depredations of the ignorant, the 
idle, and the vicious, and for the support of the imbecile, the 
thoughtless, and intemperate? 

" The plan of educating the youth of our State at public 
schools, open and free to all, without distinction between the 
rich and poor, the high and the low, the native and foreign, 
is most in keeping with our republican principles, and best 
adapted to promote the perpetuity of the happy form of gov- 
ernment under which it is our good fortune to live. It also 
furnishes one of the best securities to the fortunate wealthy 
for the peaceable enjoyment of their possessions, while it 
extends the blessings of education to thousands who otherwise 
would be doomed to live in ignorance, perhaps in vice and 
crime. 

" Every consideration, therefore, connected with the present 
and future welfare of the community — every dictate of en- 
lightened humanity — every impulse of an enlarged and com- 
prehensive spirit of philanthropy, combine in favor of the 
adoption of this great principle. Public sentiment is every- 
where pronouncing in its favor. The new States which, 
within the past few years have been added to the confederacy, 
have adopted it as the basis of their system of public instruc- 
tion ; and the older States, as one by one they are reconstruct- 
ing their fundamental laws and constitutions, are engrafting 
the same principles upon their institutions. Surely, then, in 
this noble enterprise of universal free education, Ohio should 
not retrace her steps, nor disappoint the high hopes which she 
has excited, by receding from the advanced position which 
she now occupies in the very van of the great educational 
movement of the age. 

" The meritorious character of her present school system, 
its adaptation to supply the educational wants of the times, 
the numerous schools of high order now rapidly springing 
up in every quarter, the deep and abiding interest in the 
cause of popular education, everywhere manifested by her 



LABORS OF COMMISSIONER BARNEY. 407 

citizens, are the subjects of warm and frequent encomiums, 
even in those States which have been longest distinguished 
for the excellence of their schools, and for the hearty and 
enlightened zeal exhibited in so many commendable ways, in 
behalf of popular education. One can hardly visit a school 
or converse with a school officer, in any of the middle or east- 
ern States, without having his ears greeted and his heart 
cheered with such declarations as the following, viz: 'Ohio 
is doing a noble work in« the matter of free schools.' 'She 
is outstripping all her sister States in this beneficent enter- 
prise.' 'Her statesmen, her teachers, and her friends of edu- 
cation generally, have performed a work which will forever 
illustrate the pride and the glory of her history.' ' The career 
of Ohio in all those elements which go to make up the essen- 
tial wealth, prosperity and greatness of a people, has been one 
of wonderful progress, manifesting the enterprise and public 
spirit of her people, and the wisdom of her tar-seeing states- 
men.' 'The people of Ohio, acting upon the principle that 
knowledge is power, and that knowledge and wisdom are 
ultimately to be the stability of our times, are taking away 
from us our pre-eminence in this respect; and unless we 
redouble our diligence, zeal and efforts in the great work of 
educational improvement, we shall soon be obliged to say, 
'farewell self-respect, farewell the rich rewards of large 
intelligence and well-cultured minds ; the age will pass us 
by, and we, who have led the way, and who have still the 
first advantages for success, will be distanced in the race, 
stripped of our crown, and deprived of our true glory.' " 

These encouraging paragraphs were succeeded by sugges- 
tions upon the workings of the School Law, with argu- 
ments in favor of a few modifications, chief among which 
were the introduction of Township, for District Libraries — 
the making of each Township a single District, and the estab- 
lishment of a Board of School Library Commissioners, con- 
sisting of the Governor, State Auditor, Librarian, and Com- 
missioner. 

After quoting so liberally from the Commissioner's last 
report, it is unnecessary to add any general remarks upon the 
character of our School System, or the estimation in which it 
is held ; and we at once invite a comparison of the statistics 
in the following statement, with those which, in tabular form, 
have preceded it. 



408 



LABORS OF COMMISSIONER BARNEY. 



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LABORS OF COMMISSIONER BARNEY. 409 

In addition to the foregoing statement, the following statis- 
tics, reported for 1856, from all but three counties of the State, 
Adams, Brown and Henry, are important and interesting, 
because they show the relative number, cost, etc. of the schools 
of different grades : 

NUMBER OF SCHOOLS. 

Common 11,076 

High 97 

German, or German and English 58 

For colored youth 88 

Total 11,319 



NUMBER OF YOUTH ENROLLED IN THE SCHOOLS. 

Males. Females. Total. 

In the common schools 290,784 254,078 544,802 

" high " 4,225 4,329 8,554 

" German, or Ger. and English 1,977 1,625 3,602 

" schools for colored youth .. . 2,240 2,057 4,297 

Total 299,226 262,089 • 561,315 

NUMBER OF YOUTH IN AVERAGE DAILY ATTENDANCE. 

Males. Females. Total. 

In the common schools 166,675 145,686 312,361 

" high " 3,012 3,183 6,195 

" German and English 1,106 837 1,943 

" colored 1,084 1,060 2,144 

Total 171,877 150,766 322,643 

AVERAGE LENGTH OF TIME THE SCHOOLS WERE KEPT OPEN. 

Common schools 6 1-lOth months. 

High " 9 1.5th 

German, or German and English 6 l-10th ' " 

Schools for colored youth 5 4-5ths " 



410 LABORS OF COMMISSIONER BARNEY. 

NUMBER OF TEACHERS EMPLOYED. 

Males. Females. Total. 

In the common schools 9,235 8,248 17,483 

" high 102 78 180 

" German and English 43 7 50 

" colored schools 69 31 100 

Total 9,449 8,364 17,813 

AVERAGE WAGES, PER MONTH, PAID TEACHERS. 

Males. Females. 

In the common schools $26.70 $15.63 

" high " 57.30 30.63 

" German and English schools 30.83 30.00 

" colored schools 25.73 20.00 

EXPENDITURES OF SCHOOL MONEY. 

Amount of Taxes levied and collected in the townships, cities and 
incorporated villages, as stated in the reports of boards of education. 

For purchasing school-house sites $ 15,015 46 

Building and furnishing school-houses 441,527 23 

Hiring school-houses 8,954 77 

Repairing school-houses 53,655 77 

Providing fuel, etc 44,235 69 

Providing book and apparatus cases 2,706 78 

Other contingent school expenses 93,983 18 

Prolonging schools 394,453 48 

Sustaining high schools 12,259 86 

Total 1,066,762 22 

Whole amount of money paid for teachers' wages, in the several cities^ 
townships and incorporated villages, from which reports were received : 

Males. Females. Total. 

In the common schools $947,860 15 $503,190 36 $1,451,050 51 

" high " 56,464 26 22,843 48 79,307 74 

" German and English 7,958 93 1,794 80 9,753 73 - 

" colored 10,928 95 3,366 31 14,295 26 

Total 1,023,212 29 531,194 95 1,554,407 24 

Whole amount of money received, during the year ending August 31st, 
1856, by the Boards of Education of the several townships, cities, and in- 
corporated villages in the State, as reported : 



LABORS OF COMMISSIONER BARNEY. 411 

From the State school tax $1,113,918 85 

Rents or sale of " section 16" 124,208 42 

Virginia Military School Fund 7,105 66 

United States " " 6,507 88 

Western Reserve School Fund 12,113 60 

Taxes assessed for the purpose of prolonging 

schools, building, repairing and furnishing 

school-houses, and for other contingent school 

expenses 441,334 52 

Peddlers' and auctioneers' licenses and auction 

duties 609 24 

Fines and penalties 4,303 63 

Exhibition licenses 715 86 

Miscellaneous sources 70,198 41 

Unappropriated funds of previous year 319,847 85 

Total $2,100,863 92 

Whole number of school-houses in the State 

as reported 8,144 

Total value $3,270,691 00 

NUMBER OF SCHOLARS INSTRUCTED IN THE VARIOUS BRANCHES 
DURING THE YEAR. 

In the Alphabet 42,448 

Spelling 270,745 

Reading 299,002 

Penmanship 249,922 

The principles of Orthography 277,339 

Mental Arithmetic 82,640 

Written " 166,665 

Geography 90,784 

English Grammar 63,414 

Physiology 2,571 

Map Drawing 9,023 

Composition 15,201 

Declamation 23,909 

The Elements of Drawing 2,496 

Vocal Music 26,070 

History 5,824 

Algebra 5,790 

Goemetry 934 

Natural Philosophy 1,167 

Moral " 276 



412 LABORS OF COMMISSIONER BARNEY. 

Mental Philosophy 212 

Chemistry 514 

Ehetoric 404 

Astronomy 655 

Geology 297 

Zoology 155 

Latin 675 

Greek 113 

German 903 

French 180 

Book Keeping 63 

Botany 53 

Uranography 40 

Natural History 20 

Butler's Analogy 10 

Trigonometry 5 

Surveying 1 

LIBRARY FUND. 

Library and apparatus fund apportioned * in 1854, $55,903.45 

* " " 1855 80,573.75 

" " 1856 83,811.18 

Total $220,288.38 

Value of hooks distributed in 1854 f, $ 48,367.42 

" " " 1855, 102,427.61 

" " " 1856 51,430.90 

Total, $202,225.53 

Value of apparatus distributed in 1854, $6,347.87 

" " « 1855, 9,555.23 

" " 1856, 3,514.67 

Total, $19,417.77 

Total number of volumes distributed in 1854-5-6 332,579 

Total value of books and apparatus distributed in 1854-5-6, $221,643.60 

Adding together certain columns of the Tabular statements 
which have been given in these pages, produces the following: 

* By the State Auditor. f By tne Commissioner. 



LABORS OF COMMISSIONER BARNEY. 413 

AGGREGATE OF SCHOOL ITEMS OF GENERAL INTEREST FOR TWENTY 
YEARS, AS REPORTED. 

No. of Children enrolled $4,098,437 

No. of Teachers employed 158,623 

Amount paid Teachers $8,897,888 , 

No. of School-houses built 9,718 

Cost of " " " $2,385,706 

Comparing the school statistics as reported with the esti- 
mates by Superintendents, at different periods, it is fair to 
conclude that the aggregates above presented, might at least 
be doubled without doing violence to truth. Thus considered, 
they show, from the past, encouragement for the future. 

The people of Ohio have just pride in, and active love for, 
their School System. With the instrumentalities for the 
awakening of Educational interest * — with the facilities for 
affording instruction to Teachers, which popular efforts have 
secured, and with the support given by the State to Common 
Schools f — a support which is in no respect more liberal, 
in no degree more ample, than the sentiment of the people 
demands and their highest interest requires — Ohio now occu- 
pies, and will maintain, a position which, the brief period of 
her history as a State considered, is not second, in an edu- 
cational point of view, to that of any State of the Union. 

* Among which the general support of the newspaper and periodical 
press is to be included, as well as the Journal of Education, continued under 
the auspices of the Teachers' Association, with John D. Caldwell as Editor. 

f A prominent feature of which is the office of School Commissioner, 
now filled by Rev. Anson Smyth. 






1515 



iaxi-jnal Institute of Education 
library 

832 M Street, N. W. 
Vashington, D. C. 20208 



WERT 

MIODLETOWN PA 

oct ei 



